Kenneth Kuwayti

Kenneth Kuwayti

Morrison & Foerster LLP

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Latest Publications


Delaware Court Enforces Exclusive Forum Provision Adopted Concurrently with Announcement of Merger Agreement

Public companies are increasingly enacting “exclusive forum” bylaws — designating a single forum for intra-corporate disputes — as a way to limit the risk and burden of multi-jurisdictional stockholder litigation. This trend...more

9/19/2014 - Bylaws Chevron Delaware General Corporation Law Exclusive Forum Jurisdiction Mergers Publicly-Traded Companies Shareholder Litigation

Supreme Court Unanimously Holds Burden of Proving Infringement Does Not Shift to Licensees in Declaratory Judgment Actions

The Supreme Court's decision last week in Medtronic v. Mirowski Family Ventures, LLC clarifies once again that patent holders bear the burden of proving patent infringement—even in declaratory judgment actions brought by...more

1/28/2014 - Burden of Proof Evidence Infringement Medtronic v Boston Scientific Medtronics Patent Infringement Patent Litigation Patents SCOTUS

Already v. Nike: The Supreme Court Finds Covenant Not to Sue Made Competitor’s Claim for Invalidity of Trademark Moot

The U.S. Supreme Court issued its opinion yesterday in the closely-watched case, Already, LLC v. Nike, Inc. In a decision that is almost certain to affect patent owners as well, the Court unanimously affirmed the Second...more

1/13/2013 - Already LLC Covenant Not to Sue Declaratory Relief Infringement Mootness Nike Trademarks

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