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Guest Post: Third-Party Litigation Funding: Disclosure to Courts, Congress, and the Executive

Patently O

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

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In Westlaw-ROSS Litigation, Judge Allows ROSS’s Antitrust Case to Move Forward, But Tosses ‘Sham Litigation’ Claim

LawSites

district judge in Delaware but who last month became a judge of the Court of Appeals for the Federal Circuit — sided with ROSS. The judge also let stand a ROSS counterclaim under Section 1 of the Sherman Act, which prohibits “every contract … or conspiracy, in restraint of trade or commerce.” Judge Leonard P.

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Be Careful Not to Unintentionally Bargain Away the Right to File IPRs

The IP Law Blog

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).

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Erie Doctrine, General Principles, and Running-Out the Clock

Patently O

But, the two parties had a prior agreement to litigate patent disputes in Delaware courts (i.e., The Delaware court (Judge Stark) sided denied preliminary relief and instead sided with the patent challenger – finding (1) evidence of breach was lacking and (2) the real irreparable harm would come from barring the IPR.

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Best Practices To Find Del. Earnout Provisions That Hold Up

Law 360

Recent Delaware earnout litigation illustrates the need for careful drafting and proactive planning to avoid later divergent interpretations of the signed contract, and a series of drafting tips can help, say attorneys at Cozen O'Connor.

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Chancery Ruling Holds Authorized Share Takeaways For Cos.

Law 360

The Delaware Chancery Courts recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.

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The 340B Showdown: HRSA Proceeds Towards Enforcement Despite Litigation

FDA Law Blog

A growing list of drug manufacturers are claiming that the discounts meant for low-income patients of 340B covered entities are instead contributing to profits for pharmacies that contract with covered entities to dispense 340B drugs. Drug Manufacturers Fight Back Against Proliferation of Contract Pharmacy Arrangements.