SCOTUSBlog

MAY 19, 2023

The Supreme Court agreed. “If If a patent claims an entire class of processes, machines, manufactures, or compositions of matter,” Gorsuch wrote, “the patent’s specification must enable a person skilled in the art to make and use the entire class.” Amgen failed this test. The more one claims, the more one must enable.”

Court Rules 115

Court Rules Court Manufacturing 115

SCOTUSBlog

JANUARY 24, 2025

The question comes to the court as part of the FDAs efforts to regulate the multibillion-dollar vaping industry. In 2016, the FDA issued a rule indicating that the law applies to e-cigarettes and e-liquids. What arguments could you raise, she queried, that would be different than the manufacturer?

Court 100

Court Manufacturing Government Litigating 100

JURIST

MAY 17, 2021

The US Court of Appeals for the Ninth Circuit upheld a $25 million judgment and jury verdict Friday finding that a California man, Edwin Hardeman, developed cancer from exposure to agribusiness Monsanto’s weed-killer, Bayer’s Roundup. Monsanto also asserted that decades of studies indicate Roundup is safe for human use.

Punitive Damages 209

Punitive Damages Compensatory Damages Court Manufacturing 209

JURIST

JANUARY 22, 2021

The Constitutional Court of Moldova on Thursday struck down a law passed in December that sought to provide the Russian language with legal protections alongside the Moldovan state language. Furthermore, the law required all goods manufactured in Moldova to be labeled in Russian next to Moldovan.

Laws 232

Laws Court Manufacturing Legal 232

JURIST

AUGUST 9, 2023

The court initially stayed the district court ruling on July 28 and later extended the stay until Tuesday. The case involves a challenge to the ATF’s rule. The NFA authorizes the federal regulation of certain firearms, and the GCA requires manufacturers and dealers to have a federal license.

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Court Manufacturing Court Rules 197

JURIST

NOVEMBER 13, 2021

The Delhi High Court on Friday awarded interim relief in a trademark infringement suit to Bacardi and Company Ltd , for its alcoholic beverage called BREEZER by prohibiting the defendant-company Bahety Overseas Pvt Ltd from using the mark called FREEZMIX. Bahety Overseas is a manufacturer of non-alcoholic beverages.

Prima Facie Case 197

Prima Facie Case Court Manufacturing Court Rules 197

JURIST

AUGUST 22, 2024

The appellate division of the Seoul Central District Court ordered on Thursday that the Japanese corporation Nippon Steel pay 100 million won to the four children of a Korean citizen who was a victim of forced labor in Japan during the Second World War, local media reported. They previously demanded 200 million won.

Court 197

Court Manufacturing Court Rules Government 197

JURIST

JANUARY 10, 2024

The dispute between Sheetz and El Dorado County originates from the county’s refusal to issue a permit for Sheetz to build a manufactured home on his property without first paying a $23,000 traffic impact fee to maintain roads in the area and mitigate the developments potential effect on them. ” Under decisions in Nollan v.

Court 221

Court Government Manufacturing Court Rules 221

Patently O

DECEMBER 7, 2023

The Federal Circuit recently affirmed a district court judgment finding that Abbreviated New Drug Applications (“ANDAs”) submitted by generic drug manufacturers did not infringe patents rights held by H. Lundbeck A/S and its licensee Takeda relating to the antidepressant drug Trintellix (vortioxetine).

Manufacturing 126

Manufacturing Statute Court Construction 126

SCOTUSBlog

MARCH 20, 2023

The case involves a dispute between Jack Daniel’s (the largest American whiskey manufacturer) and VIP Products (the second-largest American dog toy manufacturer). 7 Tennessee Sour Mash Whiskey” manufactured by “Jack Daniel’s,” the toy refers to a “Bad Spaniel” that makes “Old No. 2 on your Tennessee carpet.”

Statute 103

Statute Manufacturing Court Decisions Court 103

Law 360

AUGUST 27, 2024

A tire manufacturer cannot get insurance coverage for millions in unpaid invoices it is owed, a Florida federal court ruled, finding the manufacturer made a material misrepresentation in its insurance application concerning the creditworthiness of one of its largest customers.

Manufacturing 52

Manufacturing Court Rules Court 52

JURIST

APRIL 18, 2023

The city argued that the EPCA only preempts regulations imposing standards on the design and manufacturing of appliances, not those that impact the distribution and availability of natural gas–which the City’s ordinance does. Because of this, the city argued, its ordinance is not preempted by the EPCA.

Laws 104

Laws Construction Court Manufacturing 104

Customs & International Trade Law

MARCH 10, 2023

Moreover, the court found that the plaintiff’s products were marketed and sold in compliance with state laws governing marijuana-related products, which suggested that the products were intended for lawful use. United States, No. Pursuant to 21 U.S.C. § In Keirton U.S.A., United States, No. contact info@diaztradelaw.com.

Court Rules 45

Court Rules Court Manufacturing Government 45

Law 360

JUNE 28, 2024

Supreme Court's ruling on an Oregon town's anti-camping ordinance, government incentives for manufactured housing communities, and the progress states have made toward building safety in the three years since the tragic condo collapse in Surfside, Florida.

Real Estate 52

Real Estate Manufacturing Court Rules Government 52

JURIST

APRIL 15, 2024

The bill prohibits people from manufacturing, importing, purchasing, selling, offering to sell or transferring ownership of an “assault weapon.” ” In 2022, the US Supreme Court ruled in New York State Rifle & Pistol Association, Inc.

Manufacturing 118

Manufacturing Court Rules Laws Court 118

Patently O

JANUARY 25, 2022

Here, however, the Federal Circuit affirmed the lower court ruling that the publication did not render the information “generally known” to folks in the particular field in question. Ultimax Cement Manufacturing Corp. CTS Cement Manufacturing Corp. , 3d 1339, 1355–56 (Fed.

Manufacturing 133

Manufacturing Court Rules Litigating Litigation 133

Law 360

JANUARY 31, 2023

Insurers for a glass manufacturer cannot pursue most of their claims against two contractors over a 2017 factory explosion, a Michigan federal court ruled, saying waiver of subrogation clauses in the underlying service contracts bar all causes of action except those arising from gross negligence.

Cause of Action 52

Cause of Action Manufacturing Contract Court Rules 52

FDA Law Blog

JUNE 28, 2022

21-5261, 597 U.S. _ (2022), the Supreme Court ruled that the government must prove — beyond a reasonable doubt — that a prescriber knew or intended that a prescription was not lawful in order to subject that prescriber to criminal penalties under the federal Controlled Substances Act (CSA). United States, No. 20-1410 and Kahn v.

Mens Rea 98

Mens Rea Court Manufacturing Government 98

SCOTUSBlog

JULY 1, 2021

The lower courts blocked Minerva from asserting invalidity because Minerva’s founder had filed the original patent applications and then sold the patent rights, which eventually ended up with Hologic. The lower courts ruled that the founder’s original assignment of patent rights prevented, or “estopped,” Minerva from contesting validity.

Stare Decisis 101

Stare Decisis Court Rules Court Manufacturing 101

Law 360

DECEMBER 5, 2022

An Indian revenue commission is allowed to use the fair-market value of goods to determine the price of laminates sold by a wood products manufacturer to its affiliates, resulting in almost $400,000 of tax, the Indian Supreme Court ruled Monday.

Manufacturing 40

Manufacturing Court Court Rules 40

Law 360

NOVEMBER 15, 2021

A suburban Philadelphia court clerk exceeded their legal authority when adding more than $1.37 million in attorney fees and costs to a $34,224 judgment in a contract dispute between a father and son over ownership of a manufacturing company, a Pennsylvania appeals court ruled Friday.

Contract 40

Contract Manufacturing Court Rules Attorney 40

Patently O

MAY 18, 2023

If a patent claims an entire class of processes, machines, manufactures, or compositions of matter, the patent’s specification must enable a person skilled in the art to make and use the entire class. In simpler terms, it follows the elementary school principle: If you bring cookies to share, bring enough for everyone.

Laws 122

Laws Manufacturing Court Court Rules 122

SCOTUSBlog

SEPTEMBER 29, 2023

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. A federal appeals court ruled that Fikre’s case was not moot.

Calendaring 119

Calendaring Court Statute Court Rules 119

Conflict of Laws

MARCH 17, 2025

One court ( LG Stuttgart, 11.9.2024 – 27 O 137/23 , 18.09.2024 27 O 176/23 ) even considered it sufficient if the consumer was in Germany when opening the bank account with the gaming provider from which the money was then transferred to the games. As a result, vehicles with higher emissions than permitted were registered and marketed.

Contract 45

Contract Family Law Laws Manufacturing 45

ClimateChange-ClimateLaw

DECEMBER 12, 2023

The court concurred with this line of argument in its verdict (the details of which are pending as the reasons for the judgment have not yet been published). On the merits as well, the court ruled in favor of the plaintiffs.

Litigating 142

Litigating Litigation Government Court 142

Patently O

MAY 15, 2024

Before reaching the Supreme Court, the license restriction had been upheld in multiple prior cases involving the same parties, establishing a line of precedent in A.B. In a decision written by Justice Horace Harmon Lurton, the Court ruled in favor of the patent owner. ” The Court rejected the rationale of A.B.

Laws 111

Laws Drafting Manufacturing Court 111

SCOTUSBlog

SEPTEMBER 17, 2021

Although the district court ruled that Sundance had waived its arbitration argument by not making it earlier, the U.S. Court of Appeals for the 8th Circuit reversed because of “the absence of a showing of prejudice to Morgan.” Volkswagen Aktiengesellschaft v. Ohio, ex rel. Sundance, Inc.

Contract 100

Contract Government Tort Court 100

Broadcast Law Blog

JULY 16, 2019

Last week, a federal District Court ruled that the US Department of Health and Human Services did not have the authority to require that drug manufacturers include pricing information on their television commercials. We wrote about that requirement, here – a requirement that was supposed to go into effect this summer.

Court 42

Court Manufacturing Court Rules 42

The Fashion Law

MAY 5, 2021

Siding with Deckers, the court held that the promotion of UGG’s Australian heritage does not make for a false designation of origin, particularly in light of the fact that Deckers displays country of origin labeling on all of its products and its website.

Court 112

Court Depositions Manufacturing Court Rules 112

Patently O

MARCH 19, 2021

The patented technology had been originally assigned to Freescale, an integrated circuit manufacturer spun off from Motorola, later purchased by another semiconductor manufacturer, NXP. A ruling in Intel’s favor may have made future royalties unavailable. As it happened the court ruled in VLSI’s favor on this point.

Technology 102

Technology Manufacturing Litigating Litigation 102

SquirePattonBoggs

NOVEMBER 24, 2021

The MDL arose from thousands of federal lawsuits brought by local governmental entities nationwide against opioid distributors and manufacturers, and it has never been uninteresting. The litigation faced significant delays due to the COVID-19 pandemic. The first scheduled bellwether settled on the eve of trial.

Litigating 45

Litigating Litigation Manufacturing Court Rules 45

FDA Law Blog

SEPTEMBER 15, 2024

IPRs have become an important tool used by generic drug and biosimilar manufacturers to try and clear patent thickets covering brand-name products prior to or during the pendency of an ANDA or aBLA submission. Reading through the “Findings” section of S. In short, this system is aimed at promoting technology-based innovation.

Technology 76

Technology Litigating Litigation Manufacturing 76

Patently O

MARCH 18, 2024

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. Tube-Mac, is the plaintiff in this case and is looking to manufacture its own version of the container systems. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed.

Statute 59

Statute Cause of Action Court Rules Litigating 59

FDA Law Blog

JUNE 7, 2023

Claud & Faraz Siddiqui — As we move into the heat of the summer, we can look forward to the annual June deluge of opinions coming from the Supreme Court. Justice Clarence Thomas authored the court opinion , which promptly dismissed the pharmacies’ strategy and the use of the FCRA’s “objectively reasonable” standard in FCA cases.

Court 40

Court Statute Government Court Rules 40

The Fashion Law

JANUARY 26, 2022

A federal court has issued its decision in what has been called “a novel lawsuit between a leading bridal wear designer and the manufacturer from whose employ she resigned over the control and use of social media accounts.” ” The case will now go back before the district court on remand.

Court 52

Court Manufacturing Contract Court Rules 52

Conflict of Laws

MARCH 17, 2025

One court ( LG Stuttgart, 11.9.2024 – 27 O 137/23 , 18.09.2024 27 O 176/23 ) even considered it sufficient if the consumer was in Germany when opening the bank account with the gaming provider from which the money was then transferred to the games. As a result, vehicles with higher emissions than permitted were registered and marketed.

Contract 40

Contract Family Law Laws Manufacturing 40

Patently O

FEBRUARY 11, 2024

Reversing a PTAB post-grant review decision, the court ruled that claims reciting a heating element with having a length of 75-85% of the disposable aerosol-forming substance had adequate written description support even though the specification only described broader ranges, such as “about 75% to about 125%.” . Philip Morris Prods.

Court 45

Court Manufacturing Court Rules 45