The IP Law Blog

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.

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LawSites

FEBRUARY 26, 2024

Courts are themselves a key part of the access to justice problem: opaque, duplicative and confusing court forms and burdensome filing processes make accessing the civil justice system deeply inefficient for the sophisticated, and an impenetrable maze for the 70+% of civil litigants who don’t have a lawyer.

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SCOTUSBlog

NOVEMBER 8, 2021

Fazaga , a lawsuit filed by three Muslim Americans alleging that the FBI and its agents discriminated against them based on their religion during a surveillance program in southern California. The post Justices puzzled by interaction of state-secrets privilege and federal surveillance statute appeared first on SCOTUSblog.

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SCOTUSBlog

JUNE 16, 2022

As it has so many times before, the Supreme Court rejected California’s treatment of arbitration under California law, in this case California’s Private Attorneys General Act. The California state courts (predictably) rejected that waiver as inconsistent with PAGA. Disclosure : Goldstein & Russell, P.C.,

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At the Lectern

FEBRUARY 2, 2024

Statute of limitations. Vannucci to decide which statute of limitations applies in a malicious prosecution action against an attorney who sued the plaintiff, the one-year period of Code of Civil Procedure section 340.6 California (1967) 386 U.S. The court granted a pro per’s petition for review in Escamilla v.

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FDA Law Blog

DECEMBER 21, 2021

Intended to target “reverse payment” settlement agreements, in which a brand company pays a first-filer ANDA holder to delay launch, the California law shifts the burden of proof to the drug sponsors to demonstrate that any Paragraph IV settlement agreement is not an antitrust violation. The case was dismissed without prejudice.

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FDA Law Blog

DECEMBER 21, 2021

Intended to target “reverse payment” settlement agreements, in which a brand company pays a first-filer ANDA holder to delay launch, the California law shifts the burden of proof to the drug sponsors to demonstrate that any Paragraph IV settlement agreement is not an antitrust violation. The case was dismissed without prejudice.

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At the Lectern

APRIL 9, 2024

.” They ask the court to declare the scheme to be unconstitutional as applied and to “bar[ ] the prosecution, imposition, or execution of sentences of death throughout the State of California.” California’s Constitution contains its own equal protection provision. ” (News release here.)

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JURIST

NOVEMBER 8, 2021

The FBI employed an informant to collect information on and place recording devices in the homes of a group of Muslim Americans living in Southern California. This doctrine allows the government to potentially dismiss litigation that would require disclosure of information damaging to national security.

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Patently O

FEBRUARY 21, 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. First , state of incorporation.

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Chugh LLP

JUNE 15, 2021

Motions are one way to accomplish that goal, since they may be effective at getting certain lawsuits dismissed during the early stages of litigation. In California, a motion for sanctions may be one of the most successful methods for dismissal. Complaints are rarely dismissed based on demurrers in California. conclusion.

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Patently O

FEBRUARY 22, 2022

California Institute of Technology v. The problem with that statement was that the statute appears to directly limit estoppel to challenged patent claims. by Dennis Crouch. Broadcom Ltd. The Federal Circuit inadvertently created some confusion when it released its February 4 opinion in CalTech. Errata opinion (Feb 22, 2022).

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Litigation Litigating Statute Technology 93

Broadcast Law Blog

MARCH 21, 2017

The Georgia Supreme Court this week issued a decision holding that the streaming of pre-1972 sound recordings by iHeart Media does not violate the state’s criminal statutes against the “transfer” of recorded sounds without the permission of the owner of the master recording.

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SCOTUSBlog

APRIL 21, 2023

RICO statute; Yegiazaryan’s alleged RICO crimes were committed to prevent Smagin from enforcing a British arbitration award in the United States. Background To understand the claims before the court, it is helpful to review the byzantine factual and procedural history of this litigation.

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The IP Law Blog

OCTOBER 26, 2023

The plaintiff, Kim Martinez, is a political and legislative director of a labor union representing public sector employees in California. Martinez filed a lawsuit on behalf of herself and a proposed class of California citizens whose profiles may have appeared in ZoomInfo’s “teaser profiles” without their consent.

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Laws Statute Court Litigation 67

FDA Law Blog

JANUARY 4, 2022

Several states, including Connecticut, California, District of Columbia , Massachusetts , and Nevada, have adopted or incorporated the Code in their statutes or regulations. For example, California’s drug marketing law requires pharmaceutical companies to adopt an internal marketing compliance policy that aligns with the PhRMA Code.

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SCOTUSBlog

JUNE 23, 2023

Smagin adopts a “context-specific inquiry” to determine whether a plaintiff in a private lawsuit brought under the Racketeer Influenced and Corrupt Organizations Act has alleged “a domestic injury to its business or property” sufficient to state a civil claim for damages under Section 1964(c) of the federal RICO statute.

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Statute Court Litigation Litigating 73

Conflict of Laws

DECEMBER 6, 2023

The respondents are foreign companies: Princess Cruise Lines Ltd is incorporated in Bermuda and headquartered in California; Carnival plc is a UK company which functions together with a Panama-incorporated US-headquartered company, and is dual listed on the New York Stock Exchange and the London Stock Exchange.

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Contract Laws Court Statute 72

FDA Law Blog

JANUARY 4, 2022

Several states, including Connecticut, California, District of Columbia , Massachusetts , and Nevada, have adopted or incorporated the Code in their statutes or regulations. For example, California’s drug marketing law requires pharmaceutical companies to adopt an internal marketing compliance policy that aligns with the PhRMA Code.

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The IP Law Blog

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion.

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Laws Statute Court Litigation 98

The IP Law Blog

NOVEMBER 18, 2021

District Court for the Northern District of California, the Court upheld the Patent Trial and Appeal Board’s (PTAB) practice of denying patent reviews due to looming trials in district court. An IPR functions similar to a civil litigation once instituted. In Apple Inc. Hirshfeld, case number 5:20-cv-06128, in the U.S. 100 et seq. ,

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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. 4-weeks after discovering the breach, Waste Management disclosed the breach to individuals as well as to the California Attorney General (required by statute). 24, 2022) [ WasteManagementDismissal ].

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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 60

SCOTUSBlog

SEPTEMBER 29, 2023

California Coastal Commission and Dolan v. On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation.

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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. City of Oakland, California v. However, the U.S. Ibarguen v.

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Government Statute Cause of Action Litigation 89

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. By Michael Burger. BP P.L.C. , BP P.L.C. , BP P.L.C. ,

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SCOTUSBlog

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. In 1951, it was acquired by a California gallery owner, who sold it to a Los Angeles collector. That question turned on whether California law or Spanish law governed. The full painting.

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Tort Court Laws Litigation 124

Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

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Patently O

JULY 1, 2021

The statute: For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented. But, the defendants argued that N.D.Cal. Side Canal & Irrigation Co. ,

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SCOTUSBlog

MARCH 17, 2023

After years of litigation and negotiation, the Nation prevailed in the U.S. California , governing the apportionment of water from the Colorado River. California , way back in 1952. They argue that the jurisdictional threshold under the APA is less demanding than statutes allowing for money damages. The 1964 Arizona v.

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SCOTUSBlog

FEBRUARY 23, 2022

Texas was another instance of a common jurisprudential problem for the justices: how should a modern court, largely devoted to textualism in its statutory interpretation, deal with cases about Native American tribes, which traditionally have depended on historical and contextual understandings only weakly linked to the text of the statute.

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The IP Law Blog

JUNE 10, 2021

New York’s post mortem right-of-publicity statute recently came into effect. Because the statute addressed privacy concerns that dissipated at death, such rights did not extend post mortem. written consent” can sue for an injunction and damages. The postmortem right attached to a “performer” does not expire.

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Patently O

SEPTEMBER 12, 2022

California Institute of Technology , 22-203 (U.S.). California Inst. But, the statute as written creates a slightly different test — asking what “reasonably could have raised during that inter partes review.” In this scenario, the statute is practically limited to cover only grounds actually raised.

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Patently O

AUGUST 17, 2022

His work has principally focused in litigation and policy related to intellectual property, civil rights, employment and commercial law. The statute: Deputy under secretary and deputy director.— The statute provides a 5-year term for the Commissioner once appointed.

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SCOTUSBlog

NOVEMBER 7, 2021

Share The FBI called it “Operation Flex”: a counterterrorism investigation in southern California. Fazaga , is the second case this term in which the justices will consider the state-secrets privilege, a doctrine that allows the government to withhold information in litigation when disclosing it would compromise national security.

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At the Lectern

FEBRUARY 17, 2022

Superior Court is the latest chapter in high-profile litigation between the Dentons law firm and one of its former partners. It also concluded the plaintiffs could not seek declaratory relief under a state constitutional provision and Penal Code statutes that proscribe gambling. See here and here.)

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At the Lectern

JANUARY 30, 2023

Brand , the Supreme Court today holds that defendants who defeat lawsuits against them under California’s Political Reform Act of 1974 can recover attorney fees only if the superior court “ ‘finds the action was objectively without foundation when brought, or the plaintiff continued to litigate after it clearly became so.’

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