JURIST

DECEMBER 31, 2023

The Supreme Court of Korea found on Thursday that shipbuilder Hitachi Zosen Corp. and heavy equipment manufacturer Mitsubishi Heavy Industries owe 50 million won (approx. The court’s Thursday ruling upheld two lower court decisions. The same court then found the same for Mitsubishi Heavy in June 2019.

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Court Court Decisions Manufacturing Government 129

Patently O

AUGUST 8, 2022

The short provision has remained essentially unchanged since it was originally handwritten in the 1700s and signed into law by President George Washington. ” Unfortunately, due to a series of Supreme Court decisions, patent eligibility law in the United States has become confused, constricted, and unclear in recent years.

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Manufacturing Technology Statute Court Decisions 97

Patently O

FEBRUARY 24, 2022

Eligibility under Section 101 : American Axle & Manufacturing, Inc. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. The asserted patent covers a new method of manufacturing an automobile drive-shaft with reduced vibration. Neapco Holdings LLC, et al. , Patreon, Inc.,

Laws 95

Laws Court Litigation Litigating 95

FDA Law Blog

JANUARY 15, 2024

Koblitz — You know a court decision is going to be worth reading when the judges compare FDA’s regulatory governance of flavored e-cigarettes to a Shakespearean gaslighting. Let’s just say, the smackdown—er, decision—eviscerates FDA’s approach to regulating flavored e-cigarettes. By David B. Clissold & Sara W.

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Manufacturing Administrative Law Court Court Decisions 115

LexForti

APRIL 22, 2021

Shrinivas Sugandhalaya LLP , the court denied the motion to compel the arbitrations proceeding under federal equitable estoppel law. According to the facts, the brothers Balkrishna and Nagaraj Setty signed an agreement for partnership where they became the joint owner of the incense manufacturing company.

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Laws Manufacturing Court Contract 52

Law 360

JUNE 29, 2021

Having received guidance from the Texas Supreme Court that Amazon cannot be held liable for third-party products that are shipped and fulfilled by Amazon, but not manufactured by the company under its brand, the Fifth Circuit on Tuesday reversed a lower court's decision that Amazon is a "seller" under the state's law.

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Manufacturing Court Court Decisions Laws 52

FDA Law Blog

NOVEMBER 30, 2022

Brevig, Senior Regulatory Device and Biologics Expert — Earlier this year, we posted on the still unsettled state of the law regarding whether “FDCA violations may, in certain circumstances, be material to the government’s decision whether to pay for the affected product, and thus relevant in an FCA case.” By JP Ellison & Holly N.

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Manufacturing Healthcare Contract Government 72

Conflict of Laws

APRIL 27, 2025

student, Galatasaray University, Turkey A Maltese court has refused to enforce a $740 million default judgment issued by the 15th Judicial Circuit Court of Florida (Palm Beach County) in a defamation suit brought by Applicant Mehmet Tatlici against his half-brother, Defendant Ugur Tatlici. [1]

Real Estate 49

Real Estate Legal Legal Court 49

FDA Law Blog

APRIL 16, 2024

Gaulkin — On April 10, the Fourth Circuit unanimously affirmed a summary judgment ruling for the Centers for Medicare & Medicaid Services (CMS) regarding the agency’s definitions of “line-extension drug” and “new formulation” for purposes of determining rebates that drug manufacturers may owe the Medicaid Drug Rebate Program (MDRP).

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Manufacturing Statute Court Decisions Court 59

Patently O

APRIL 26, 2024

” Although the US brief acknowledged the “seemingly categorical nature of Wood ‘s articulation of the governing law” it then argues that Wood permits experimentation. ” The Lower Court Decision In 1842, Wood sued William Underhill and Aschel Gerow for infringement. ” Id.

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Manufacturing Court Court Decisions Legal 115

Patently O

FEBRUARY 17, 2021

.” But, the court looked also to the long-felt unmet need before negating patentability: During a period of half a century, in which the use of flash light batteries increased enormously, and the manufacturers of flash light cells were conscious of the defects in them, no one devised a method of curing such defects. ” A.

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Manufacturing Court Court Decisions Laws 94

FDA Law Blog

SEPTEMBER 29, 2021

The 340B program, authorized under Section 340B of the Public Health Services Act and administered by HRSA, imposes a ceiling price on pharmaceutical manufacturer sales to “covered entities,” which are certain health clinics that receive federal funding and certain types of safety net hospitals to provide them drugs at lower prices.

Litigating 52

Litigating Litigation Manufacturing Contract 52

Patently O

FEBRUARY 10, 2022

The collaborative idea was that Eddings would manufacture the sheaths because Junker did not have that capability. The Federal Circuit relies upon traditional contract law principles to determine whether a particular communication constitutes such an offer. Thus, the court has held that an offer-to-manufacture doesn’t count.

Contract 78

Contract Manufacturing Statute Contract Law 78

Patently O

APRIL 12, 2023

These cases broadened scope of the “abstract idea” and “law of nature” exclusions in ways that largely overlap with other patent law doctrines, such as obviousness, indefiniteness, and even enablement. One difficulty with the law here is that it is entirely judge made. Prometheus Labs., 208 (2014).

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Technology Manufacturing Court Statute 64

FDA Law Blog

DECEMBER 7, 2023

Gonzalez — The annual Enforcement, Litigation, and Compliance Conference put on by the Food and Drug Law Institute (“FDLI”) took place in Washington this week. FTC Supreme Court decision stripping FTC of its ability to obtain restitution or disgorgement under Section 13(b) of the Federal Trade Commission Act. By Steven J.

Litigating 52

Litigating Litigation Diligence Manufacturing 52

FDA Law Blog

JUNE 15, 2022

In this case, the agency must set reimbursement rates using each drug’s “average price” charged by the manufacturers for the drug, as “calculated and adjusted by the Secretary as necessary for purposes of” this statutory provision. Option 2 applies only if HHS has not conducted such a survey. citing §1395 l (t)(14)(A)(iii)(II)).

Statute 52

Statute Court Court Decisions Healthcare 52

Patently O

JANUARY 11, 2024

As I explain below, the primary takeaway from the published examination guidelines is that the PTO will continue business as usual — i.e., Amgen did not significantly change the law. Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. Sanofi et al. ,

Technology 53

Technology Court Manufacturing Court Decisions 53

FDA Law Blog

JUNE 7, 2023

The court handed down its decision in cases colloquially referred to as SuperValu, which readers may recall from our coverage of another, related circuit court decision and the Supreme Court oral arguments. The Supreme Court Decision The unanimous Supreme Court was having none of it.

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SCOTUSBlog

MARCH 26, 2025

Justice Clarence Thomas dissented from the courts decision, complaining that it had agreed to rewrite statutory text. Justice Samuel Alito wrote his own dissent in which he contended that his colleagues had resolved the dispute based on an issue that the lower court had not reached and the parties had not really addressed.

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Court Manufacturing Court Decisions Technology 143

Patently O

APRIL 23, 2024

Teva has traditionally been a generic manufacturer, but in this case sued Eli Lilly for infringing its patents covering methods of treating headache disorders like migraine using humanized antibodies that bind to and antagonize calcitonin gene-related peptide (CGRP), a protein associated with migraine pain. Lilly for a few years.

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Court Manufacturing Court Decisions Laws 45

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. The court rejected Exxon’s argument that it could withhold documents based on an accountant-client privilege under Texas law. and non-U.S. Pritzker , Nos.

Litigating 40

Litigating Litigation Attorney Court 40

SCOTUSBlog

OCTOBER 2, 2024

Share The Supreme Court will hear oral argument next week in a challenge to a 2022 federal rule that seeks to regulate “ghost guns” – firearms without serial numbers that, the Bureau of Alcohol, Tobacco, Firearms, and Explosives says, almost anyone can quickly assemble with parts that they purchase, often in a kit online or through the mail.

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Manufacturing Laws Court Decisions Court 111

JURIST

DECEMBER 16, 2021

This tit-for-tat directive against Texas SB8 is the latest of the bold moves Newsom has taken and responds directly to the Supreme Court decision last week. The law became effective at the end of August. Newsom has been a roll since convincingly surviving a recall effort against him in September.

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Court Manufacturing Attorney Court Decisions 208

JURIST

NOVEMBER 1, 2021

The decision also vacated an injunction from the Northern District of New York and a prior Second Circuit ruling on an Eastern District of New York case. While the two lower court decisions originate from different jurisdictions, both pertain to healthcare workers’ concerns over the COVID-19 vaccine.

Healthcare 197

Healthcare Court Manufacturing Court Decisions 197

SCOTUSBlog

APRIL 20, 2022

Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. In Cooper Tire & Rubber Company v. By contrast, the petition in Mallory v.

Statute 101

Statute Stare Decisis Court Manufacturing 101

Conflict of Laws

MARCH 18, 2025

Dodge (George Washington University Law School) and first published on Transnational Litigation Blog. The original complaint asserted four claims under Missouri tort law: (1) public nuisance, (2) abnormally dangerous activity, (3) breach of duty by allowing the transmission of COVID, and (4) breach of duty by hoarding PPE.

Tort 67

Tort Court Government Laws 67

SCOTUSBlog

APRIL 13, 2022

He is also a graduate of Columbia Law School. In the end, though, a large part of the story turned on the question of just what it was that enabled Harlan to see the law so differently from his peers. Harlan also joined a unanimous court in 1889 in rejecting a challenge to the Chinese Exclusion Act. The back story.

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Court Education Government Legal 112

SCOTUSBlog

NOVEMBER 21, 2024

Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. Federal law limits the government’s ability to place a substantial burden on the free exercise of religion. A federal district court in Arizona rejected the group’s request to stop the land exchange, and the full U.S.

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Court Depositions Manufacturing Government 80

At the Lectern

MAY 30, 2024

Dain , and it limited the issue to: “Did the Court of Appeal err in remanding the case with directions to reinstate the strike finding and to resentence defendant as a person who has suffered a prior strike conviction under the Three Strikes Law? See People v. Williams (1998) 17 Cal.4th 4th 148, 164, fn. 7; see also People v.

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Court Manufacturing Contract Attorney 45

FDA Law Blog

JUNE 2, 2023

Most are new or revised definitions and administrative changes, but several proposals represent new policies that should be of concern to drug manufacturers. Price Transparency Surveys The MDRP statute requires manufacturers to submit only three prices: average manufacturer price (AMP), best price, and nominal prices.

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Manufacturing Statute Government Calendaring 59

FDA Law Blog

AUGUST 21, 2023

Livornese — I saw the sign…and the answer is no—FDA-approved labeling apparently is not enough under state failure-to-warn laws, according to certain courts. A recent state law failure-to-warn case in the SDNY makes that very point. Koblitz & Deborah L.

Manufacturing 40

Manufacturing Court Healthcare Litigation 40

FDA Law Blog

JANUARY 11, 2022

The Federal Circuit twice reversed the District Court decision at issue in GSK v. The Court again made sure to emphasize language from GSK v. Teva , but Amarin v. Teva from this case.

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Court Manufacturing Court Decisions Litigation 52

FDA Law Blog

JANUARY 11, 2022

The Federal Circuit twice reversed the District Court decision at issue in GSK v. The Court again made sure to emphasize language from GSK v. Teva , but Amarin v. Teva from this case.

Court 52

Court Manufacturing Court Decisions Litigation 52

JURIST

JANUARY 7, 2022

The California legislature proposed Assembly Bill 1594 (AB1594) Monday authorizing private citizens harmed by illegal gun use to sue manufacturers, distributors and sellers of firearms. However, the law does not protect against lawsuits brought as a result of a violation of state law.

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Manufacturing Court Decisions Laws Court 223

SCOTUSBlog

JANUARY 20, 2025

If the lower courts decision allowing RJR Vapors case to go forward stands, the FDA says, other manufacturers will also try to get around the restrictions that federal law imposes on where such challenges can be filed. The law at the center of the case is the Family Smoking Prevention and Tobacco Control Act.

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Manufacturing Court Laws Administrative Law 96

JonathanTurley

DECEMBER 12, 2021

Gavin Newsom thrilled many this weekend by saying that his administration will model a new law on Texas’ abortion ban that would let private citizens sue anyone who makes or sells assault weapons or ghost guns. Newsom denounced the Supreme Court in Women’s Health v. California Gov. It won’t work. Legally, that is.

Laws 54

Laws Lawyers Lawyer Litigation 54

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. In addition, the court declined to exercise its discretion to abstain or to apply the doctrine of primary jurisdiction. Conservation Law Foundation v.

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Court Government Compensatory Damages Litigating 72