Provisur Technologies, Inc. v. Weber, Inc., Appeal Nos. 2021-1942, -1975 (Fed. Cir. Sept. 27, 2022) In this week’s Case of the Week, the Federal Circuit reviewed an IPR decision and addressed the Patent Trial and Appeal Board’s consideration of certain evidence submitted to supplement a prior art disclosure. The Court also found that the Board violated the Administrative Procedures Act (APA) by failing to sufficiently explain its rationale concerning its obviousness determinations ...
Compliance related themes have become a widely discussed and increasingly important topic for corporates around the world. Increased ESG requirements and awareness have made companies rethink what responsible corporate everyday life looks like. At the same time corporate crimes and, for example, cyber-attacks and data breaches are ever increasing and may lead to detrimental consequences on business ...
The Ecuadorian Civil Code is based in the code that made the great Chilean jurist Andrés Bello. The majority Civil Codes in Latin America are based in the Andres Bello Civil Code´s, which is based on the Civil Code of Napoleon Bonaparte. It has had several reforms over the time, on which attempt has been made to update to the reality and circumstances of each time. The Ecuadorian Civil Code is divided in four books: i) Persons; ii) Goods; iii) Succession upon death; and, iv) Obligations ...
Key Points The Supreme Court's upcoming decision regarding the Affordable Care Act could render its tax provisions retroactively unconstitutional. Depending on the outcome, there is a potential opportunity for refunds on open tax years for taxpayers who paid the net investment income tax and additional Medicare tax. For most taxpayers, the deadline for a protective claim of refund on a 2016 tax return, filed without extensions, is July 15, 2020 ...
In principle, the decision to vote electronically should have been taken as early as February 2020, at a time when few had ever heard of Covid-19. Companies that did not do so at that time but, as a result of Covid-19, would like to do so now for security reasons or because their staff still (mostly) work from home, have been given the opportunity to still introduce electronic voting. However, they have to reach an agreement on this issue at the latest on day X + 56 (i.e ...
The unconstitutional nature of property devolving on the Government of Malta following the procedure to render a company defunct Introduction On 12 October 2023, the First Hall of the Civil Court in its Constitutional Jurisdiction delivered a landmark ruling in the case Carmel Cortis et vs. Office of the Prime Minister et ...
On Oct. 19, 2021, the U.S. Food and Drug Administration (FDA) issued a proposed rule that would establish a new category of over-the-counter (OTC) hearing aids. The rule came in response to President Joe Biden’s July 9 executive order, which among other things, calls for wide availability of low-cost hearing aids in order to promote economic competition ...
The liability of online platforms for the activities of third-party vendors has always been a controversial area. With the explosion of online shopping as a result of the pandemic, the issue has come under increased scrutiny. Although cases in the UK and EU have discussed the factors that the Court will consider in deciding whether the operator of an online platform is jointly liable, the position in Hong Kong remained uncertain, until now ...
The Court of Appeal has unanimously held that a tenant’s statutory declarations given to landlords were valid even though they did not specify the precise term commencement date of the leases to be contracted out. Landlords will be relieved that the Court of Appeal did not adopt an overly legalistic and commercially impractical interpretation of the contracting-out requirements ...
In a recent interview with Mexico Business News, WSG Member Eduardo Kleinberg, Managing Partner at Basham, Ringe y Correa, provided insights on the importance of IP law to ensure a company’s longevity and success. And, discussed how lack of government oversight, support and follow-through of IP Law can result in a country disincentivizing innovation, domestic competitiveness and international investment ...
Below, you will find some practical solutions to prepare you for the labour litigation in Russia. The peculiarity of labour disputes in Russia is that they seldom start with great financial demands from employees. They are more about the status of the organisation, its reputation and similar issues. However, practice shows that given the length and formality of litigation, financial claims, originally insignificant, can turn into fairly large claims, over time ...
The National Labor Relations Board (“NLRB”) recently handed unions a resounding victory by reviving a legal doctrine that allows them to represent employees without winning a formal election. A New Framework Built on Old Principles In 1949, the United States was in the early stages of a post-war economic expansion. The NLRB, still in its infancy, was adopting policies at a rapid pace aimed at encouraging collective bargaining ...
Kudun and Partners is thrilled to work on another significant pro bono project with TrustLaw, Thomson Reuters Foundation’s global pro bono legal program ...
It is with great pleasure that we announce the promotion of Thitawan Thanasombatpaisarn and Kongwat Akaramanee to partners of Kudun and Partners. Thitawan, our new capital markets partner, and Kongwat, our new dispute resolution partner, have been valued members of our team for many years, and has consistently demonstrated exceptional legal acumen and a deep commitment to our clients ...
August 1, 2022: Emi Rowse Igusa has joined Kudun and Partners as a partner launching a brand new Japan Practice to cater to the burgeoning Japanese legal needs in Thailand. She is a specialist in commercial litigation and international arbitration and has represented numerous clients in arbitration cases under the ICC, LCIA, SIAC and TAI rules ...
On September 23, Kudun and Partners were invited by TrustLaw, the charitable arm of Thomson Reuters, to be the legal experts in their Legal Health Check Workshop. The core objective of the event was to raise awareness of how law firms, like Kudun and Partners, can work with TrustLaw to provide pro bono legal services to NGOs, Civil Society Organizations (CSOs) and social enterprises (SEs). Chai Lertvittayachaikul and Emi Rowse (Igusa), partners of Kudun and Partners, presented at the event ...
Kudun and Partners celebrated Pride Month to express our recognition of the impact that the LGBTQ+ community have had on society, nationally and globally. Our colleagues participated in the Pride costume contest and engaged in an insightful discussion about history and challenges facing the LGBTQ+ community. Pride month is about acceptance, equality, celebrating the work of LGBTQ+ people, education in LGBTQ+ history and raising awareness of issues affecting the LGBTQ+ community ...
In an admiralty action, can an intervener, not being the proper defendant, apply to set aside a warrant of arrest of a vessel on non-traditional grounds. The traditional grounds of setting aside warrant of arrest are, inter alia: in excess or lack of jurisdiction ...
The Finnish Government has published a proposal for the temporary Windfall Tax Act in Finland, the draft of which was briefly discussed in our previous article on the subject. The proposed temporary windfall tax would be applicable to so-called windfall profits gained during tax year 2023 by companies operating in the electricity or the fossil fuel sector. The aim of the proposal is to tax said sectors' increased profits resulting from the current energy crisis ...
The EU revenue cap which limits certain electricity generators' revenues has raised many questions within the energy sector. In Finland, the revenue cap will likely be implemented in the form of a temporary windfall tax which would apply to profits made in 2023. Our energy team's associate Nelli Rönkkö has summarised the key points regarding the implementation of the EU revenue cap in Finland ...
Krogerus Disputes Day was held on 19 March at Little Finlandia. The popular event gathered dispute resolution and compliance experts to discuss about business disputes with distressed parties. We would like to thank all our speakers and guests for a great Disputes Day and interesting discussions! This year, Disputes Day's theme was Disputes and Distressed parties ...
Krogerus Disputes Day was organised on 21 March in Little Finlandia for the first time. The conference engaged our guests and speakers in a lively discussion about overarching sustainability and ESG requirements and, on the other hand, the occurrence and prevention of corporate crimes ...
The EU's comprehensive data and AI regulatory package is about to become operational. This year, the Krogerus Data Symposium will highlight some of the most impactful changes of the Data Act and the AI Act, which will profoundly influence the application of AI, how companies and communities can utilise IoT data, and how data usage agreements are formed ...
