Patently O

MAY 23, 2023

The Proceedings: The district court issued its claim construction back in 2016, but rather than quickly granting summary judgment of non-infringement, it stayed the case pending outcome of parallel inter partes reviews challenging the patents’ validity. . or the unreasonable manner in which the case was litigated.”

Attorney 75

Attorney Construction Litigation Litigating 75

LawSites

MARCH 18, 2024

We’d all been working for over a year on a contract that would make it possible, someday in the future, for everyone to have free and open access to all the official court decisions ever published in the United States. state and federal court decisions representing the bulk of our nation’s common law. This was not easy.

Metadata 134

Metadata Court Decisions Contract Legal 134

NewmanFerraraLLP

NOVEMBER 2, 2022

Interestingly, the litigation was dismissed as the district judge was of the view it was for the U.S. On appeal, in a decision dated October 18, 2022, the Second Circuit concurred with the bulk of the lower court’s analysis but, in the absence of a statutory bar, reinstated that part of the case which sought injunctive relief. [It

Construction 52

Construction Court Decisions Litigation Litigating 52

ClimateChange-ClimateLaw

MAY 31, 2024

The residents sought an injunction to block the construction of 2 coal-fired power plants (CFPPs) which had been evaluated under the Improvement and Replacement Rationalization Guideline (the Guideline) that allows for a simplified Environmental Impact Assessment (EIA) in certain circumstances. Kobe Steel Ltd.,

Court 64

Court Construction Government Court Decisions 64

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

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. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.

Litigation 40

Litigation Litigating Attorney Court 40

Broadcast Law Blog

OCTOBER 9, 2022

FCC , which rejected the requirement that broadcast licensees independently check two federal databases to verify whether an airtime lessee is a “foreign governmental entity” (see our Broadcast Law Blog article on the Court’s decision here ).

Drafting 59

Drafting Construction Government Calendaring 59

Patently O

SEPTEMBER 21, 2022

. § 315(e)’s IPR estoppel provision applies only to claims addressed in the final written decision, as consistent with the holdings in Shaw , and Intuitive Surgical , and whether that interpretation remains correct after SAS Institute, Inc. Once the IPR concluded, district court litigation restarted, focusing on claim 27.

Statute 58

Statute Construction Litigation Litigating 58

Constitutional Law Reporter

MAY 14, 2024

All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” The Court next turned to Flowers argument that the §1 exemption would sweep too broadly without an implied transportation-industry requirement. goods across borders via the channels of foreign or interstate commerce.”

Contract 52

Contract Court Construction Constitutional Law 52

Patently O

NOVEMBER 15, 2023

Even some judges on the Federal Circuit have labeled the eligibility framework as an “incoherent doctrine” [1] that might tempt district courts into “an effective coin toss,” [2] while others have openly confessed that “the nation’s lone patent court … [is] at a loss as to how to uniformly apply § 101.” [3]

Drafting 75

Drafting Court Laws Litigating 75

FDA Law Blog

AUGUST 9, 2021

FDA claimed that Congress afforded FDA the discretion to regulate devices as drugs based an overlap in the statutory definitions of “drug” and “device” and chose to do so in the case of contrast agents in response to a 1997 court decision and related Citizen Petition.

Statute 52

Statute Litigation Litigating Construction 52

Patently O

DECEMBER 11, 2023

For example, would it be proper for a court to assume that the second patent would be infringed by an alleged “substantial noninfringing use” without allowing the alleged infringer an opportunity to challenge the validity of the second patent and participate in a formal construction of the relevant claims? Kelley Co. , 3d 1538 (Fed.

Technology 45

Technology Litigating Litigation Construction 45

ClimateChange-ClimateLaw

DECEMBER 11, 2020

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. The federal district court for the Western District of Washington vacated U.S. By Margaret Barry and Korey Silverman-Roati.

Court 59

Court Government Litigation Litigating 59

Conflict of Laws

SEPTEMBER 1, 2022

On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. Predictability is the core ambition, not a particular outcome in litigation. The higher regional Court (Oberlandesgericht) of Frankfurt a.M. found differently.

Contract 10

Contract Tort Procedural Law Court 10

Patently O

APRIL 1, 2024

In the ensuing Hatch-Waxman litigation, Teva stipulated to infringement but challenged the patent on obviousness and indefiniteness grounds. ” Second, the court’s emphasis on a flexible, holistic approach to analyzing prior art aligns with KSR ‘s guidance and is particularly significant for method of use claims.

Prima Facie Case 40

Prima Facie Case Court Litigation Litigating 40

ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) 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. The proposed project involves construction of three new water intakes to divert water from the Sacramento River.

Court 40

Court Litigation Litigating Attorney 40

SCOTUSBlog

APRIL 16, 2021

The meaning of these distinctions is at the core of the current litigation over the 2020 CARES Act. They further claim that subsequent statutes, federal agencies and appeals court decisions have all already recognized the corporations as entities eligible for federal contracting under the ISDA.

Government 107

Government Contract Statute Education 107

Constitutional Law Reporter

JUNE 1, 2023

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. 1983 procedural due process claim begins to run at the end of the state-court litigation.

Statute 52

Statute Litigation Litigating Cause of Action 52

SCOTUSBlog

JUNE 13, 2024

Court of Appeals for the 3rd Circuit affirmed his conviction. Similarly, to permit them to do public works projects in the Philadelphia area, Stamatios Kousisis and his company, Alpha Painting & Construction Co., Court of Appeals for the 9th Circuit reversed. Kousisis was convicted at trial. A divided panel of the U.S.

Government 111

Government Court Laws Litigation 111

JonathanTurley

JUNE 17, 2021

The Court this week asked the Biden Administration to take a position in the case involving allegations that Harvard has discriminated against Asian applicants. “Colleges wouldn’t have to worry about fighting claims of racial discrimination in the Supreme Court because by construction the admissions process would be nondiscriminatory.

Education 55

Education Litigation Litigating Sports 55

ClimateChange-ClimateLaw

OCTOBER 20, 2020

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. Federal Court Denied Preliminary Injunction in Steel Mill Owner’s Pipeline Challenge. Derivative Litigation , No.

Court 72

Court Government Compensatory Damages Litigation 72

Conflict of Laws

FEBRUARY 24, 2025

RusChem saga arose from bonds issued by UniCredit to guarantee performance under contracts for Russian construction projects, where RusChem, after terminating the contracts due to EU sanctions, initiated Russian proceedings for payment in breach of an English-law governed arbitration agreement that mandates resolution in Paris under ICC rules.

Government 45

Government Court Contract Court Decisions 45

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

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. The federal district court for the District of Montana is to consider these issues on remand. and non-U.S. 20-35412 (9th Cir.

Litigation 40

Litigation Litigating Court Laws 40

FDA Law Blog

OCTOBER 24, 2024

Myriad have credited it—and the earlier unanimous Supreme Court decision Mayo v. in a recent issue of the Journal of Law and the Biosciences , the impact of these Supreme Court decisions in molecular diagnostics “was especially pronounced, given the elimination of an entire category of claims on DNA molecules and related methods.”

Manufacturing 64

Manufacturing Court Decisions Construction Court 64

ClimateChange-ClimateLaw

OCTOBER 7, 2019

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. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline. CLIMATE LITIGATION CHART.

Court 40

Court Statute Government Tort 40

ClimateChange-ClimateLaw

MARCH 6, 2018

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. In re: Border Infrastructure Environmental Litigation , No. and non-U.S.

Court 40

Court Government Laws Litigation 40

ClimateChange-ClimateLaw

JUNE 8, 2021

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. She also was persuaded that Congress had ratified the lower appellate court decisions holding that there was a narrower scope of review.

Court 45

Court Statute Government Litigation 45

ClimateChange-ClimateLaw

JANUARY 13, 2021

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. Maine Federal Court Declined to Enjoin Work on Electric Transmission Project. By Margaret Barry and Korey Silverman-Roati.

Court 52

Court Government Technology Assisted Review Litigation 52

ClimateChange-ClimateLaw

APRIL 29, 2025

climate litigation database , and looks ahead at what we may see next. With some exceptions, federal agencies formerly defending Biden administration climate actions requested that the cases be held in abeyance to allow new political leadership time to be briefed on the litigation and to determine how to proceed.

Litigation 91

Litigation Litigating Court Government 91

ClimateChange-ClimateLaw

JULY 2, 2021

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. On June 16, 2021, the Ninth Circuit Court of Appeals granted a joint motion to dismiss appeals of a November 2020 order vacating U.S.

Court 49

Court Litigation Litigating Statute 49

ClimateChange-ClimateLaw

MAY 1, 2025

Beyond funding-related attacks, the administrations policy on environmental and climate justice has led to the discontinuation of litigation that the federal government brought under President Biden.

Government 59

Government Court Construction Drafting 59

ClimateChange-ClimateLaw

MAY 7, 2021

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. The Minnesota Supreme Court adopted the U.S. By Margaret Barry and Korey Silverman-Koati.

Court 40

Court Government Construction Litigation 40

ClimateChange-ClimateLaw

APRIL 9, 2021

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. In February, the Ninth Circuit temporarily enjoined certain construction work for the duration of the appeal. and non-U.S.

Court 122

Court Statute Litigation Litigating 122

ClimateChange-ClimateLaw

AUGUST 4, 2021

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. Court Said Climate Scientist Provided Sufficient Evidence of Actual Malice for Blog Authors but Not for Publisher. and non-U.S.

Court 40

Court Litigation Litigating Government 40