Day on Torts

JUNE 13, 2022

Where defendant’s allegedly defamatory statements accusing plaintiffs of bigamy were made within the context of a declaratory judgment action, the absolute litigation privilege applied and dismissal of the defamation case was affirmed. M2020-01291-COA-R3-CV, 2022 WL 1788274 (Tenn. In Vanwinkle v. Thompson , No.

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Patently O

FEBRUARY 22, 2022

The problem with that statement was that the statute appears to directly limit estoppel to challenged patent claims. Errata opinion (Feb 22, 2022). Going forward there will be a next step in litigating the scope of 315(2) estoppel — will they estoppel will apply to claims that are patentably indistinct from those challenged?

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Litigation Litigating Statute Technology 94

Mondaq

JANUARY 12, 2022

This guide to British Virgin Islands dispute resolution and litigation includes commentary on litigation funding, initiating a lawsuit, statutes of limitations, representative or collective actions.

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Litigation Litigating Statute 40

Patently O

JULY 17, 2024

Back in March 2024, the dismissed the case on two primary grounds – both stemming from the fact that the asserted patent had expired in January 2022, more than a year before the lawsuit was filed. ” Although filing a lawsuit qualifies as notice, the lawsuit here was filed only after expiration. ” Id. ” Id.

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ClimateChange-ClimateLaw

AUGUST 13, 2024

As we explain, the new law aims to uphold the rights of indigenous peoples and rural communities in Peru, mitigate inequalities, and bolster their defense in climate-related litigation. This innovative legal paradigm introduces a reinvigorated instrument within the domain of climate litigation.

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Litigating Litigation Legal Legal 72

The IP Law Blog

APRIL 27, 2023

Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue. An IPR is like a mini-trial, as the Board must make a decision within one year.

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Litigation Litigating Statute Court 98

JURIST

APRIL 22, 2022

On January 12, 2022, the US Supreme Court heard oral arguments in the case. The court explained that there are many “non jurisdictional rules” that “promote the orderly progress of litigation but do not bear on a court’s power.” The statute does not say that as to the 30-day deadline.

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FDA Law Blog

OCTOBER 1, 2024

Karst — If you monitor Regulations.gov dockets and litigation dockets on PACER like we do, then you know that one company name—more than any other over the past several years—pops up: Vanda Pharmaceuticals, Inc. Court of Federal Claims allowed Vanda’s Fifth Amendment takings claim to move forward in litigation. 1:2022cv00938 (D.D.C.)

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Patently O

MAY 11, 2023

Gugliuzza , Professor of Law, Temple University Beasley School of Law The judicial disability proceedings instituted against Federal Circuit Judge Pauline Newman have now spilled into litigation. From June 2021 through the end of 2022, Judge Newman wrote 23 of those separate opinions. Those numbers tell a complicated story.

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Litigation Litigating Statute Court 122

SCOTUSBlog

JULY 1, 2024

The Supreme Court in 2022 granted the challengers’ request to block Texas from implementing the law while litigation continued. Earlier in the litigation, federal district courts in Texas and Florida issued orders that temporarily barred the states from enforcing their laws.

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Patently O

MARCH 7, 2022

” In re Waste Management Data Breach Litigation , 21CV6147 (DLC), 2022 WL 561734, at *6 (S.D.N.Y. 24, 2022) [ WasteManagementDismissal ]. 4-weeks after discovering the breach, Waste Management disclosed the breach to individuals as well as to the California Attorney General (required by statute).

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SCOTUSBlog

APRIL 2, 2022

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. However, the U.S.

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Patently O

DECEMBER 5, 2022

2022) ( MonolithicEnBancPetition ). In September 2022, that petition was denied with a 2-1 decision. Dennis Crouch, Remote Work and Patent Venue , Patently-O (Sept 30, 2022). Proper venue is rarely a big deal these days in Federal Litigation. by Dennis Crouch. In re Monolithic Power Systems, Inc. 21-cv-00655.

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Conflict of Laws

MARCH 10, 2022

The Council on General Affairs and Policy of the HCCH met online from 28 February to 4 March 2022, with over 450 participants. Several important developments relating to Membership and HCCH Conventions occurred during the meeting: El Salvador deposited its instrument of acceptance of the Statute, becoming the 91 st Member of the HCCH.

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ClimateChange-ClimateLaw

APRIL 12, 2023

21 of the ITLOS Statute. As a result, although the UNCLOS is silent on ITLOS’ advisory jurisdiction, ad hoc treaties related to UNCLOS’ purposes can confer advisory competence to the ITLOS under Article 21 Statute of the ITLOS. 21 of the ITLOS Statute and Art. 191 UNCLOS. 2 (2) COSIS Agreement). Two obstacles may lie ahead.

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Statute Laws Court Legal 119

Legal Writing Launch

OCTOBER 4, 2024

Whether attorneys are drafting briefs, composing legal memos, or preparing litigation documents, the ability to convey arguments and information clearly and persuasively is essential. Lawyers need to draft meticulously documents such as contracts, wills, and statutes to ensure that these documents are enforceable and comprehensible.

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Patently O

SEPTEMBER 12, 2022

2022), overruling Shaw Industries Group, Inc. But, the statute as written creates a slightly different test — asking what “reasonably could have raised during that inter partes review.” The statute charges the USPTO Director the role of instituting the IPR, although that duty had been delegated tot he PTAB.

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Patently O

FEBRUARY 21, 2022

Supreme Court 2022). To be clear Samsung and LG have previously litigated in Texas, they have lawyers in the state and lawyers willing to go to the state. The inconvenience of litigation is almost a total farce here. The statute provides two different ways for finding proper venue. by Dennis Crouch.

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Litigation Litigating Technology Lawyer 89

Day on Torts

APRIL 15, 2022

M2020-01509-COA-R3-CV, 2022 WL 1040371 (Tenn. April 7, 2022, plaintiff filed suit against twelve defendants after she placed her child for adoption at birth but subsequently changed her mind. Plaintiff argued that the statute did not apply to Ms. Plaintiff argued that the statute was not applicable here, as Ms.

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Day on Torts

AUGUST 5, 2024

During the course of that litigation, plaintiff grew unhappy with defendants’ actions on his behalf. Plaintiff terminated defendants as his attorneys in July 2022, and he filed this pro se legal malpractice claim in February 2023. July 3, 2024), plaintiff hired defendants to represent him in a lawsuit against several individuals.

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Patently O

JULY 19, 2022

In this ongoing litigation IPR litigation, Arthrex has filed another petition for rehearing — arguing that it still has not received the promised “Director Review” sufficient to cure the appointments clause problem apparent in the prior PTAB decision cancelling its patent claims. Arthrex Petition 2022.

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Litigation Litigating Statute Court 58

FDA Law Blog

JANUARY 11, 2024

In other words, FDA needed to determine whether the initial biosimilar litigation—pre-interchangeable supplemental approval—counts towards the FIE expiration date calculation. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation.

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Litigation Litigating Statute Manufacturing 59

ClimateChange-ClimateLaw

MARCH 29, 2023

Photo by Mathias Reding on Unsplash Climate change litigation has finally reached the world’s highest court. Vanuatu published the first draft of the resolution in late 2022. The question put to the ICJ must be a legal question within the meaning of the Statute of the Court and the UN Charter as opposed to a political question.

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Conflict of Laws

SEPTEMBER 1, 2022

The revision of this regulation, which will enter into force on 1 July 2022, provides an opportunity to examine the current and future rules by taking the example of the international service of writs of summons. Predictability is the core ambition, not a particular outcome in litigation. van Calster: Lex ecologia. found differently.

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Contract Tort Procedural Law Court 10

Diane Drain

APRIL 3, 2021

That statute made a number of additional temporary changes to the Bankruptcy Code, all of which, by their terms, expire either one year or two years after the changes became effective. These changes apply only to cases commenced under Chapter 11 Subchapter V and they expire December 27, 2022. This change expires on December 27, 2022.

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Small Business Statute Contract Attorney 104

SCOTUSBlog

SEPTEMBER 29, 2023

The doctrine at the center of the case is known as the voluntary cessation doctrine – the principle that plaintiffs can continue to litigate their case unless the defendant shows that it cannot simply resume the conduct that prompted the lawsuit after the case is dismissed. In 2022, in Siegel v. In Corner Post v.

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Patently O

OCTOBER 7, 2022

Vidal (Supreme Court 2022). D746,078 (Patent being litigated). In particular, Zahner intents to raise the same question that Arthrex will likely raise, although this time in the reexamination context: Question : Does the Reexamination Statute permit a challenge to priority claims? by Dennis Crouch. Zahner Design Group v.

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Day on Torts

NOVEMBER 15, 2022

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. In Reiss v. internal citation omitted).

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Patently O

APRIL 14, 2022

118 (2014), and, for many litigants, forecloses appellate review of adverse TTAB decisions. 21-746 (CVSG requested February 22, 2022). The Federal Circuit’s unprecedented decision contravenes this Court’s decisions, including Lexmark Int’l, Inc. Static Components, Inc., Petition ]. Apple Inc. Qualcomm Incorporated , No. 1063(a).

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Patently O

FEBRUARY 17, 2022

In Feb 2022, the Court of Appeals for the Federal Circuit released two separate opinions discussing the estoppel provisions of 35 U.S.C. § 4th —, 2022 WL 333669 (Fed. 4th —, 2022 WL 414252 (Fed. 4th —, 2022 WL 414252 (Fed. Lets dig into the statute first, and then the decisions. by Dennis Crouch.

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Patently O

OCTOBER 5, 2022

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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Litigation Litigating Statute Court 61

FDA Law Blog

APRIL 21, 2024

Post-AIA, and a later change to the law to account for controlled substance FDA application approvals, the PTE statute at 35 U.S.C. § But that’s the controversy here: Did FDA approve LYTGOBI NDA 214801 on September 30, 2022 when the Agency issued its initial approval letter , or on October 5, 2022 when FDA issued a corrected approval letter

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Patently O

MARCH 18, 2024

2022-2170 (Fed. The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. . = = = One interesting aspect of this decision relates to absence of a statute of limitations. 256 does not have an associated statute of limitation.

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The Crime Report

JANUARY 21, 2022

Department of Justice, wire fraud statute ( 18 U.S.C. The government reported 1,084 new wire fraud prosecutions in the first 11 months of 2021—a number that’s sure to increase in 2022. According to the U.S. Sarah Santos is the co-founder and managing partner at the law firm of Davis & Santos.

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Constitutional Law Reporter

JUNE 3, 2022

S. _ (2022), the U.S. Then—nearly eight months after Morgan filed the lawsuit— Sundance moved to stay the litigation and compel arbitration under the FAA. In response, Morgan argued that Sundance had waived its right to arbitrate by litigating for so long. In Morgan v. Sundance, Inc. ,

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SCOTUSBlog

SEPTEMBER 29, 2023

One “friend of the court” brief filed in support of Pulsifer tells the justices that the lower court’s ruling “turns the statute on its head by foreclosing safety-valve relief for the vast majority of defendants to whom the statutory amendment might apply.” The case has drawn widespread interest.

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Patently O

SEPTEMBER 21, 2022

In its 2022 Caltech decision, the Federal Circuit overturned its prior Shaw precedent and found that the estoppel broadly applies to all claims challenged in an IPR and all grounds “which reasonably could have been asserted” against the petitioned claims. 2022) (“Caltech”). 2022) (“Caltech”).

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