AstraZeneca AB v. Mylan Pharmaceuticals Inc., Appeal No. 2021-1729 (Fed. Cir. Dec. 8, 2021) Our Case of the Week again focuses on numerical values in claims. Last week we addressed a case involving whether there was written description support for a number in a claim, and we addressed a similar issue the week before. This week, our case focuses on the meaning and scope of a number in a claim ...
Dear valued clients, colleagues and friends, Our Arbitration and Mediation partners Rabindra S. Nathan, Rodney Gomez and K. Shanti Mogan have co-authored the Malaysian chapter of The Legal 500 Country Comparative Guides: International Arbitration 2021. The Arbitration Act 2005 (“AA 2005”) applies to arbitration in Malaysia ...
The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest’s decision. In the case of Re AH (2021) Mr Justice Hayden, who is a High Court Judge and the Vice President of the Court of Protection, visited AH in hospital after the hearing had concluded and before giving judgment ...
A tech entrepreneur recently publicly condemned men who opt to take longer periods of paternity leave. It is crucial that this outdated narrative is dispelled to ensure greater equality in relation to maternity, paternity and other types of parental leave. A prominent US entrepreneur recently branded men that take six months paternity leave “losers” and claimed that the “correct masculine response” is for men to work harder to provide for their children ...
In a statement last week, the justice secretary, Dominic Raab, warned that parents who bring vexatious claims to the family courts will face financial penalties. The policy is part of plans currently being drawn up by the government to introduce new incentives and disincentives to “spare children the trauma of seeing their parents fight it out in court” ...
On 12 May 2021, Prime Minister Boris Johnson committed to holding a Public Inquiry into COVID-19 that will place "the state's actions under the microscope". Demonstrating that it is independent, objective and fair is fundamental to an Inquiry’s purpose. We take a look at the extent to which the State can effectively examine itself in a Public Inquiry when it has ultimate responsibility for determining the remit, and therefore inevitably the scope of any conclusions ...
The High Court has dismissed 28 divorce petitions after finding that the particulars of behaviour were ‘absolutely identical’ to each other. Every marriage is different, but in the recent case of Celine-Shelby v Yorston, the courts were confronted with 28 divorce applications from 28 different people, all seemingly based on the same reasons ...
On November 24th, 2021, Law No. 21,391 introducing in the Labor Code a new article 206 bis, was published in the Official Gazette. This article establishes the employer’s obligation to offer remote work or teleworking to certain employees, in the event a state of catastrophe due to public calamity or a health alert due to an epidemic or pandemic because of a contagious disease is declared ...
Biogen International GMBH v. Mylan Pharmaceuticals Inc., Appeal No. 2020-1933 (Fed. Cir. Nov. 30, 2021) For the second time in two weeks, our Case of the Week focuses on the written description requirement, in particular where the patent claims a range. In fact, all three precedential decisions issued this week concern issues relating to patents that claim numerical ranges. Below, we discuss two of those cases in our “Also This Week” section ...
On Nov. 30, 2021, the U.S. Supreme Court heard oral arguments from a coalition of hospital plaintiffs who are challenging Medicare’s nearly 30% reduction in outpatient drug reimbursement rates for 340B Program-participating hospitals ...
Our Shoospeak HR podcast welcomes special guest Jonathan Naylor (Partner in the Shoosmiths' employment team) to discuss trade union communication strategies ...
No fault divorce is due to come into effect in England and Wales on 6 April 2022. From this date couples will be able to get divorced without one person needing to lay blame on the other. This change will also apply to civil partnership dissolution ...
Indivior UK Ltd. v. Dr. Reddy’s Laboratories S.A., Appeal Nos. 2020-2073, -2142 (Fed. Cir. Nov. 24, 2021) Our Case of the Week this week focuses on the written description requirement when the patent claims a range. The Court addressed a circumstance where the application disclosed a number of values within a range, but did not disclose the range itself ...
Article by Anne Coulon, Regional Legal Adviser, DFDL Thailand Mediation is a confidential, fast, flexible and cost-effective dispute resolution (“DR”) method based on the mutual consent of the involved parties. Companies, contractors, individuals, banks, real estate owners, governmental bodies; or any combination thereof may be parties to commercial mediation. Breaches of contract, business torts etc. can all be successfully submitted to and/or resolved through mediation ...
The dispute relates to MV «Cheshire» incident in 2017, where a cargo of 42,000 metric tons of fertiliser was subject to a major decomposition incident off Gran Canaria, during a voyage from Norway to Thailand. The fertiliser was completely damaged and the vessel was declared a total loss. The cargo owners held the ship owners jointly liable for the cargo damage. Bibby Transport Ltd and a number of H&M insurers held the fertiliser producer liable for the damaged vessel ...
On Friday, November 12, 2021, in BST Holdings, L.L.C., et. al. vs. Occupational Health and Safety Administration, et. al., Case: 21-60845, the Fifth Circuit Court of Appeals granted the plaintiffs’ motion to stay implementation of OSHA’s November 5, 2021 Emergency Temporary Standard (the “ETS”) requiring employees of covered employers to undergo COVID-19 vaccination or take weekly COVID-19 tests and wear a mask ...
Apple Inc. v. Qualcomm Inc., Appeal Nos. 2020-1683, -1763, -1764, 1827 (Fed. Cir. Nov. 10, 2021) Our Case of the Week reinforces a developing body of law concerning standing to appeal from an adverse PTAB decision in an IPR. This is the second such decision arising from a global settlement between Apple and Qualcomm this year. We wrote about the first case, in April this year, here ...
In the recent case of Shanghai Shipyard Co. Ltd. V. Reignwood International Investment (Group) Company Limited [2021] EWCA Civ 1147 the Court of Appeal (COA) unanimously overturned the first instance decision and found a parent company guarantee to be a guarantee “on demand”. Despite arbitration proceedings having commenced under the underlying contract, the COA found the guarantor liable to pay $170 million under the guarantee ...
Circular Letter No. CL-2021-080, issued on 18 October 2021 by the Bangko Sentral ng Pilipinas (“BSP”), disseminates to all BSP-Supervised Financial Institutions (“BSFI”) the Anti-Money Laundering Council’s (“AMLC”) Guidelines on Digitization of Customer Records (“DIGICUR”) adopted via the AMLC Regulatory Issuance (“ARI”) A, B, and C, No. 2, Series of 2018 ...
In Lloyd v Google, the Supreme Court denied claims for mere 'loss of control' and ruled against mass class actions for data claims. Here, Philip Tansley and Matthew MacLachlan consider the court's reasoning and the broader implications for such claims. Case In its landmark judgment today, the Supreme Court unanimously held that a representative class action brought on behalf of approximately 4 ...
In Kabab-Ji SAL v Kout Food Group, the UK Supreme Court recently considered the question of which system of law the English courts must apply to decide whether there is an enforceable arbitration agreement. This case illustrates the different approaches taken in determining questions of applicable law and the consequences this can have for both annulment and enforcement proceedings in different countries ...
Two new categories of tax-exempt bonds were created by the Infrastructure Investment and Jobs Act (H.R. 3684) (the Act) adopted by the House on Nov. 6, 2021: “Qualified Broadband Projects” and “Carbon Dioxide Capture Facilities ...
