[!<CDATA[ This term the Supreme Court is set to resolve a circuit split over the extent of a federal district court’s power to order a person “who resides in or is found” in its district “to give testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal” pursuant to 28 U.S.C Section 1782(a) ...
[!<CDATA[ In May of this year, the Supreme Court of Wyoming held that a subsidiary of Sinclair Oil could invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court rejected the district court’s analysis that accepted the insurer’s narrow interpretation of Wyoming’s insurance code ...
[!<CDATA[ Effective September 1, 2021: HB 1578 closes the loophole of the previous version of Chapter 38 of the Texas Civil Practice & Remedies Code so that parties will be able to recover attorneys’ fees from LLCs, LLPs, LPs, or other organizations in lawsuits for breach of contract. Generally, Texas law provides that each party to a lawsuit is responsible for her attorneys’ fees ...
MLC Intellectual Property, LLC v. Micron Technology, Inc., Appeal No. 2020-1413 (Fed. Cir. Aug. 26, 2021) For those interested in an important Section 112 written description case, we recommend reading the Juno Therapeutics decision below, one of many significant precedential opinions issued this week. We choose as our Case of the Week another important decision issued this week, on the issue of damages, discovery, and expert disclosures ...
On August 11, 2021, the California Court of Appeals for the Second District extended the Pebley v. Santa Clara Organics (“Pebley”) Court’s analysis as applied to the admissibility of unpaid medical liens. Based on the Court’s reading of Howell v. Hamilton Meats[1] (“Howell”) and its progeny, the Court in Malak Melvin Abdul Qaadir v. Ubaldo Gurrola Figueroa et al ...
In Apple Inc. v. Fintiv, Inc., (IPR2020-00019, Fintiv), the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) elegantly laid out six different factors that the Board currently considers in discretionarily denying institution of an Inter Partes Review (IPR) that has a parallel district court proceeding ...
In the recent US case of In Re Citibank August 11, 2020 Wire Transfers (Revlon), the New York federal court held that lenders in a syndicated loan were not obliged to return an erroneous payment made by the syndicated facility agent due to the ‘discharge for value’ principle, which operated as a successful defence to unjust enrichment (click here for the full decision) ...
The news earlier this month that Jamie Spears has agreed to step down from his long-time role as conservator of his daughter Britney Spears’ estate “when the time is right” has once again shone a light on the singer’s 13-year-long conservatorship, leading many to consider capacity issues for the first time ...
Arbitration Rules 2021The Asian International Arbitration Centre (“AIAC”) launched its latest edition of the AIAC Arbitration Rules (“AIAC Rules”) on 1 August 2021. The AIAC Arbitration Rules 2021 (“2021 Rules”) streamline proceedings and embrace the needs of a fast evolving disputes climate ...
Teva Pharms. Int’l GmbH v. Eli Lilly and Co., Appeal Nos. 2020-1747, -1748, -1750 (Fed. Cir. Aug. 16, 2021) Eli Lilly and Co. v. Teva Pharms. Int’l GmbH, Appeal Nos. 2020-1876, -1877, -1878 (Fed. Cir. Aug. 16, 2021) In this week’s Cases of the Week, the Federal Circuit reviewed ...
Separated parents sometimes disagree about which school to send their child to. It is difficult enough accepting if you cannot spend as much time as you want with your child, so having to agree schooling can make life even more difficult. Do I have a say in choosing schools? If you have parental responsibility for a child, you are entitled to have a say in which school they attend and generally about their education. Both parents usually have parental responsibility for their child ...
In the recent case of E v L [2021] EWFC 60, the court has reconsidered how the sharing principle applied to marriages that are short and/or childless. Through the years, family courts have developed three key principles for financial remedy proceedings: “needs”, “sharing” and “compensation”. This article focuses on the two former principles ...
Key Points The court found that plaintiff’s reliance on an issue raised by third-party commenter to establish exhaustion was a risky endeavor; insofar as a third party settles institutes its own challenge on an issue and settles a claim, the plaintiff in a later action, at least in some circumstances, cannot maintain its own challenge on that same issue ...
Yesterday, the California Supreme Court issued an important ruling in a case that had the potential to profoundly affect how public entities budget and pay for publicly funded projects in California, Busker v. Wabtec Corp. (Cal., Aug. 16, 2021,No. S251135) __ Cal.5th __, 2021 WL 3612126 ...
Petunia Products, Inc. owns the BROW BOOST ® trademark, under which it sells a “Billion Dollar Brows” eyebrow primer and conditioner. Petunia recently asserted trademark infringement claims against a skin care products company, which Petunia alleges infringed on its BROW BOOST mark in connection with the name of its product that competes with Petunia’s product, and by using the hashtag #BROWBOOST on social media to promote its product ...
The manufacturer of the official facemask for the Brazilian Football Confederation filed a court action against an e-commerce company, accusing it of offering similar items allegedly manufactured by third parties. The manufacturer of the official facemask for the men’s and women’s teams of the Brazilian Football Confederation (CBF) filed a court action against an e-commerce company, accusing it of offering similar items allegedly manufactured by third parties ...
When I was a young lawyer working for the Norwegian Competition Authority, a complaint was received that gave rise to some amusement among the staff at the authority. The complainant argued that the Norwegian football club Viking FK’s signing of the half-decent footballer Ragnvald Soma from rivalling club SK Brann constituted an infringement of Norwegian competition law. Nowadays, competition law in football is no longer a laughing matter ...
PersonalWeb Technologies LLC v. Google LLC, Appeal Nos. 2020-1543, -1553, -1554 (Fed. Cir. Aug. 12, 2021) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s judgment on the pleadings that the claims of three patents owned by appellant PersonalWeb were invalid as patent-ineligible under 35 U.S.C. § 101 ...
On July 30, 2021, the Central Administrative Court rendered its verdict against, among others, the Director of Wattana District, Bangkok Metropolis; the Governor of Bangkok Metropolis; and the Governor of the Mass Rapid Transit Authority of Thailand, revoking all governmental authorizations with respect to the construction of Ashton Asoke Condominium Project ...
On August 6th of 2021, Law No. 21,363 (hereinafter the “Law”) was published in the Official Gazette. The Law introduces modifications to Law No. 19,925 about expenditure, commercialization and production of alcoholic beverages, and other associated Laws, establishing different limitations to the advertising of alcoholic beverages, as well as the obligation of including warnings about harmful consumption in the container of these kind of products ...
In the recent Sheriff Court judgment in the case of The Accountant in Bankruptcy v Peter A Davies, the Sheriff sought to clarify how a family home should be dealt with following the sequestration of an individual. Background The debtor was sequestrated in October 2010 ...
Background In its ruling of June 15, 2021 (Case No. VI ZR 576/19), the German Federal Court of Justice (BGH) for the first time took a comprehensive position on the scope of the right to access pursuant to Article 15(1) GDPR. Article 15 GDPR standardizes the right of access of a data subject vis-à-vis a controller ...
GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., Appeal No. 2018-1976, -2023 (Fed. Cir. Aug. 5, 2021) Our Case of the Week this week is a re-write of our Case of the Week on October 5, 2020. The case involves a drug that could be used for multiple therapeutic purposes ...
