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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. DECISIONS AND SETTLEMENTS. By Margaret Barry and Korey Silverman-Roati. and non-U.S. WildEarth Guardians v. Bernhardt , No.

Court 55
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Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

Court 52
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Where’s Waldo: Global Discovery and Finding a Corporation

Patently O

Courts to obtain discovery in order to facilitate foreign litigation; with the pending global litigation between Eli Lilly and Novartis serving as our key example. The standard today is that prior to trial the litigating parties will share “mutual knowledge of all relevant facts.” ” Hickman v.

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Final Update: Repository HCCH 2019 Judgments Convention

Conflict of Laws

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. Breaking) News From The Hague: A Game Changer in International Litigation?

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Estoppel; Pre-SAS Partial Institution Cases; and Rethinking Caltech

Patently O

You’ll recognize Click-to-Call from the 2020 Supreme Court decision finding institution decisions ordinarily not judicially reviewable. 1367 (2020) (Thryv is a DBA name of Ingenio). Once the IPR concluded, district court litigation restarted, focusing on claim 27. But, lets look at the statute.

Statute 56
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Patent Law at the Supreme Court February 2022

Patently O

Qualcomm , a case focusing on appellate standing following an IPR final written decision favoring the patentee. The statute indicates that any party to an IPR final-written-decision has a right to appeal. Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury.

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Scope of IPR Estoppel: Reasonable Procedural Steps

Patently O

Accused infringers also prefer IPRs because they effectively bifurcate the trial between validity and infringement, with the IPR validity questions being decided first while infringement litigation is stayed. The result is that the IPRs are also a low risk option for accused infringers since no liability attaches from that decision.