Patently O

NOVEMBER 29, 2023

Vidal (No 23-135): This case challenges the “ Fintiv rule” that restricts the initiation of inter partes review in cases where parallel district court litigation is pending. 23-315): This case questions the Federal Circuit’s interpretation of time limits for joining IPR partes. Traxcell Techs.

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Patently O

DECEMBER 4, 2023

2023-145 (Fed. The court found that Dorel had established a prima facie case that Cozy’s founder, Dr. Arjuna Rajasingham, “manipulated the PTO into recognizing priority dates to which he was not entitled” and “relied on the advice of his counsel to perpetrate a fraud on the PTO.” In re: Cozy, Inc. , 21-cv-10134-JGD.

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Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Leave to serve turned on three conditions: the court had subject matter jurisdiction, the claim was of a kind mentioned in the rules, and the party had a prima facie case for any or all of the relief claimed: FCR r 10.43(4).

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Conflict of Laws

JUNE 11, 2023

In Yin v Wu [2023] VSCA 130 , the Court of Appeal of the Supreme Court of Victoria set aside a judgment [1] which had affirmed the enforcement a Chinese judgment by an Associate Justice of the Supreme Court. [2] Yin’s evidence raised a prima facie case that he had been denied natural justice in the Chinese proceedings: [91].

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At the Lectern

DECEMBER 12, 2024

Superior Court (2023) 15 Cal.5th 2023) 97 Cal.App.5th Division Two reasoned that “burdening the excess insurers with prematurely litigating coverage issues before exhaustion upsets insurers settled expectations.” Agreeing with the recent First District, Division Two, decision in Conservatorship of T.B. Appeals Bd.

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Above The Law

JANUARY 24, 2025

Decision The court concluded that Lewis failed to make a prima facie case for discrimination because her comparators were not “similarly situated in all material respects.” Judge Stark / Federal Circuit / April 12, 2023 Case Overview This case involves Sanderling Management Ltd. suing Snap Inc.

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