Minerva Surgical, Inc. v. Hologic, Inc., et al, No. 20-440 (S. Ct. June 29, 2021) The Supreme Court issued a decision today upholding the validity of the doctrine of assignor estoppel and clarifying its proper limits. The Court held that the doctrine only applies when “the assignor’s claim of invalidity contradicts explicit or implicit representations he made in assigning the patent ...
Key Takeaways The Supreme Court is currently weighing whether to take a case regarding Section 101 of the Patent Act as it applies to inventions involving natural laws. The Federal Circuit recently invalidated claims belonging to American Axle & Manufacturing Inc. relating to the manufacture of a prop-shaft using a natural law under Section 101 ...
With the third wave of COVID-19 in full swing in South Africa, it has never been more important for South African employers to anticipate and prepare for the various COVID-19 related disputes that may lie ahead. It is vital to learn from the challenges already confronted by employers worldwide concerning issues such as vaccination, occupational health and safety, and flexible working arrangements and their approaches to such matters ...
In Competition Commission v W. Hing Construction Co Ltd & Ors [2021] HKCA 877, the Court of Appeal refused to determine whether the standard of proof in competition proceedings for a pecuniary penalty should be lowered from the criminal standard of proof to the civil standard of proof, after concluding that the present case was not an appropriate avenue for such issue to be argued ...
I spent about a third of my 25-year legal career as a federal prosecutor. In that job, I was trained to apply the Principles of Federal Prosecution (PFP), Justice Manual, §9-27.001, et seq., to determine whether and how to charge the white-collar cases I investigated. Sometimes that process was straightforward, but more often the answer was complicated by factors beyond the merits of a particular case ...
Whilst divorce rates for younger couples seems to be on a decline, the rate of later life divorce is on the rise with the divorce rates for those 65 years and older having tripled since 1990. There are various reasons for later life divorces such as growing apart, children having left home, retirement or age-related illnesses, but a common factor is because they do not want to start the last chapter of their life unhappy ...
United States v. Arthrex, Inc., et al, Appeal No. 2019-1434 (Fed. Cir. June 21, 2021) The Supreme Court issued its long-awaited decision today on the constitutionality of the Patent Trial and Appeal Board (PTAB). The Court held that the Administrative Patent Judges (APJs) who make up the majority of the PTAB are not constitutionally appointed under the Appointments Clause of the U.S. Constitution ...
Guided by the materiality standard from Escobar, a key safeguard for FCA defendants, the Western District of Pennsylvania found the Zaldonis relator failed to show the alleged fraud “would have any effect on the government’s decision to pay a claim.” Five years after the Supreme Court decided it, Escobar thus continues to set a high hurdle for plaintiffs ...
Given the new trends and styles that emanate regularly from its players, the fashion industry is one that is constantly evolving. This industry, which is largely characterised by the production, display and sale of clothing, shoes, and perfume products has contributed immensely to the global gross domestic product ...
Shipping & Transport, MalaysiaFactsApplicable legal principlesPlaintiff's argumentDefendant's argumentDecisionCommentThis article examines the basis for an order for a sale pendente lite of a vessel that was arrested by a sheriff in in remadmiralty proceedings as security for the plaintiff's claim.(1) FactsOn 19 November 2017 the defendant's vessel, Shi Pu 1, collided with the plaintiff's bulk vessel, Winning Loyalty ...
Ronald Chandler v. Phoenix Services LLC, Appeal No. 2020-1848 (Fed. Cir. June 10, 2021) In this week’s Case of the Week, the Federal Circuit addressed the ongoing question of its subject matter jurisdiction over cases involving patents, but that do not concern allegations of infringement or invalidity ...
Ronald Chandler v. Phoenix Services LLC, Appeal No. 2020-1848 (Fed. Cir. June 10, 2021) In this week’s Case of the Week, the Federal Circuit addressed the ongoing question of its subject matter jurisdiction over cases involving patents, but that do not concern allegations of infringement or invalidity ...
The concept of ‘predatory marriage’ may be unfamiliar to many, but the harm caused by predatory marriage can have serious and permanent testamentary effects. The term is generally applied to forced marriages faced by individuals (usually elderly) whose mental capacity is in doubt or who are vulnerable to undue influence. The estates of these same individuals are often subject to a probate claim after they have passed away ...
Many people have used their time at home to consider their health and well-being. Some have taken up exercise, yoga or getting a dog. Others have decided to find out more about their health in order to make healthier choices and use online portals like 23andMe (saliva test), Thriva (blood test) or Pharmacy2u (blood or urine test) to point them in the right direction ...
We've seen two trade union-related decisions being handed down within a week of each other: Mercer v Alternative Future Group Ltd and Nexus v NURMT & Unite. For those employers with recognised trade unions the decisions are worth taking a closer look at. Mercer v Alternative Future Group Ltd Mercer is not good news for employers ...
Rosa Ostrom (she/her/hers) Company: Schwabe, Williamson & Wyatt PC Title: Associate Programs: Pronoun awareness, fighting misgendering, disability access, summer diversity associates, work with transgender prison inmates “Growing up with a substantial amount of privilege and with the support of my firm Schwabe, I feel like I am in a unique position to do this advocacy work ...
Court of Appeal revisits the position of when time runs for claim in professional negligence. Careful thought is required when assessing limitation periods where there is a delay between the negligent act and the loss crystallising. The time when a cause of action accrues is critical when assessing whether that claim has been brought within the statutory limitation period ...
Ministers announced yesterday that the Divorce, Dissolution and Separation Act 2020, which allows married couples to divorce without assigning blame, will not come into force until 6 April 2022. The announcement follows the long-awaited no fault divorce bill, which gained royal assent last year, Whilst the delay is disappointing for some, at least there is now certainty as to when the reform will finally be introduced ...
Remember Nirvana? There have been reports about an interesting copyright infringement case involving the grunge band Nirvana, a band that is still associated by many with frontman Kurt Cobain. Yet this case does not involve music copyright. Rather it deals with copyright in an artistic work, a drawing. How about Dante’s Inferno? The case has been brought by a lady called Jocelyn Susan Bundy. Bundy is the granddaughter of C.W. Scott-Giles, a heraldry expert who died in 1982 ...
Some opening words In South Africa, as in many jurisdictions, the concept of good faith (bona fides) crops up a lot. So, for example, in order to get registration of a trade mark, the applicant must have a good faith intention to use the trade mark. Once the trade mark is registered the owner must use it in good faith in order to keep the registration alive. In the words of George Michael, “You gotta have faith". Good faith ...
We tend to keep an eye on trade mark developments in Europe. It makes sense because South African trade mark law is very similar to EU trade mark law and there’s far more activity in the EU. South African courts do, of course, often consider EU trade mark judgments. Here are a few recent cases: Rounded curves, thicker lines and a horizontal orientation…was the judge’s mind wandering a little? This was an interesting one ...
Key Points Starting July 31, 2021, all employees who are not fully vaccinated shall be provided respirators for voluntary use. Exclusion pay is required even if an employee is not able to work. Employers should amend their COVID-19 Prevention Plans. Introduction On June 3, 2021, the Cal/OSHA Standards Board (Board) passed changes to the COVID-19 Emergency Temporary Standards (ETS). Initially, the Board voted 4-3 against the proposed ETS ...
Gilbert P. Hyatt v. Andrew Hirshfeld, Appeal Nos. 2018-2390, -2391, -2392, 2019-1038, -1039, -1049, -1070 (Fed. Cir. June 1, 2021) This week’s Case of the Week explores a long-running dispute between controversial inventor Gilbert Hyatt and the Patent Office concerning patent applications filed in 1995 that claim priority to applications filed in the 1970s and 1980s. They can be fairly described as submarine patents ...
Since the European Court of Justice declared the EU-US Privacy Shield as an invalid legal basis for the transfer of personal data to the US, stipulating increased requirements for the use of the EU standard contractual clauses in July 2020 (C-311/18, 'Schrems II'), uncertainty has been rife within many companies: a legally compliant data transfer to the USA on the basis of the Privacy Shield is no longer possible and the new EU standard contractual clauses announced in November 202
On Wednesday, a federal judge in Texas denied Factory Mutual’s Rule 12(c) motion for judgment on the pleadings, finding that the plaintiffs adequately alleged that the presence of COVID-19 on their property caused covered physical loss or damage in the case of Cinemark Holdings, Inc. v. Factory Mutual Insurance Co., No. 4:21-CV-00011 (E.D. Tex. May 5, 2021) ...
