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Apple (Finally) Enjoins the Sale of (Obsolete) Samsung Phones

In the latest development in the patent skirmishes between Apple and Samsung, on Monday, January 18, 2016, U.S. District Court Judge Lucy Koh of the Northern District of California entered a permanent injunction barring...more

"Challenging the Selection of Party-Appointed Arbitrators"

As arbitration continues to be widely utilized in international commerce, the issue of how arbitrators should handle conflict checks, and who is suitable for appointment as arbitrator in complex cases, will remain a vital...more

Halting Business And Seizing A Domain Without A Moment’s Notice

Every year, the Consumer Electronics Show in Las Vegas proves to be one of the more interesting conventions to attend. 2016 did not disappoint: companies showed off cool innovations in displays, robotics, and integrated smart...more

MoFo IP Newsletter - January 2016

Highlights of 2015 and What to Watch in 2016 in The United States - Commil USA, llC v. CiSCo SyStemS, inC. (Supreme Court, may 26, 2015). In May, the Supreme Court held that a good faith belief that an asserted patent...more

Commercial Division Rules Revamp Encourages International Arbitration Matters In The New York County Commercial Division

The Commercial Division Advisory Council continued its revamp of the Commercial Division Rules on October 14, 2015, when it implemented amendments to 22 NYCRR § 202.70(b) and (c). As we discussed in this blog when the...more

UK Supreme Court clarifies the law on penalties Cavendish Square Holding BC v Talal El Makdessi [2015] UKSC 67

The UK Supreme Court has recently clarified the English (and Scottish) law on penalties in the (joint) appeals in Cavendish Square Holding BV v Talal El Makdessi (“Cavendish”) and ParkingEye Ltd v Beavis [2015] UKSC 67...more

Top Stories of 2015: #11 to #15

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

December 2015: International Arbitration Update

Increasing Trend of Requiring Disclosure of Litigation Funding Agreements in International Arbitration. Third-party funding of litigation is a fast- growing industry, and funders have become increasingly active in funding...more

Ninth Circuit Allows Racketeering Claim To Proceed Following Arbitration

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit reversed summary judgment in favor of defendants who faced a RICO suit following resolution of arbitration with the plaintiffs. The case involved a dispute...more

The Challenge of Returning Forfeited Assets to Corrupt Countries  [Video]

In an interview on CCTV America, The Heat, I responded to a question by show host and panel moderator, Anand Naidoo, about the often controversial process of criminal and civil forfeiture. Also appearing on the show was...more

Law À La Mode - Landmark Case for Counterfeit Goods Infringement in China

In a recent landmark decision, the newly established Beijing Intellectual Property Court (Court) awarded the first ever maximum statutory damage under China’s new trademark law in favor of French-Italian luxury outwear maker...more

Litigation Update: Firebirds and Island Republics - Commerciality Prevails in Enforcing a Foreign Judgment Against a Foreign State...

The recent decision of the High Court of Australia in Firebird Global Master Fund II Ltd v Republic of Nauru [2015] HCA 43 brings the Australian approach to enforcement of foreign judgments against assets of a foreign State...more

Federal Court Sets Strict Standards for Bringing Customs Penalty Cases

In United States v. Nitek Electronics, Inc., decided December 1, 2015, the U.S. Court of Appeals for the Federal Circuit upheld a U.S. Court of International Trade decision that limited the government’s powers in seeking to...more

India Overhauls Its Arbitration Regime

Sweeping changes have been made to India's arbitration legislation, the Arbitration and Conciliation Act, 1996 (the "1996 Act"). These changes have been made through an executive ordinance and came into effect on 23 October...more

Examination in England of a Non-Resident Foreign Officer of a Judgment Debtor

Obtaining a judgment is one thing, enforcing it is another. The location of a judgment debtor’s assets can be unknown or deliberately hidden. A judgment creditor may therefore wish to obtain information from a judgment debtor...more

Intellectual Property Bulletin - Summer 2015

28 U.S.C. § 1782: A Powerful Tool in Global Disputes - As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based...more

"New York Courts and International Arbitration Tribunals Take Varying Approaches to Corruption Issues in Commercial Disputes"

When faced with questions of corruption in a commercial dispute, New York courts and international arbitration tribunals have historically taken different approaches. In particular, questions often arise pertaining to...more

A Primer on Patent Damages - Carnegie Mellon University v. Marvell Technology Group, Ltd., et al.

Addressing a panoply of damages issues, the U.S. Court of Appeals for the Federal Circuit affirmed a reasonable royalty, rejected the defendant’s laches defense and provided significant guidance on the application of the...more

Federal Circuit Review | September 2015

Federal Circuit Remands Record Damages Award For New Trial On Extraterritorial Sales - In Carnegie Mellon University v. Marvell Technology Group, Ltd., Appeal No. 2014-1492, the Federal Circuit reversed a damages award...more

Court of Appeal Grants Anti-Suit Injunction

In the case of Petter v EMC Corporation [2015] EWCA Civ 828, the Court of Appeal has granted an injunction restraining non-compete proceedings in the U.S. In doing so, it overturned the High Court’s decision that we reported...more

BC Supreme Court Dismisses Applications for Certification of Consumer Protection Claims in Five Class Actions Against...

On August 18, 2015, Madame Justice Adair of the B.C. Supreme Court refused to certify as class proceedings five separate actions against each of Air Canada, Deutsche Lufthansa Aktiengesellschaft, Delta Air Lines, Inc., United...more

Federal Circuit Review | August 2015

Online Banking Patents Based On “Abstract Ideas” Held Patent Ineligible Under Alice - In Intellectual Ventures I LLC v. Capital One Bank (USA), NA, Appeal No. 2014-1506, the Federal Circuit held that claims directed to...more

Recent Decisions Illustrate Disagreement Among U.S. Courts in Enforcing ICSID Awards

I. Introduction - The Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”) has become a critical mechanism for the settlement of investor-State...more

Ninth Circuit Upholds Judge Robart’s RAND Determinations in Microsoft v. Motorola

Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its...more

Why Argentina's Petition to Vacate an Award in AWG Group Ltd v. Republic of Argentina Matters for Future Arbitrations

On 6 July 2015, Argentina filed with the U.S. District Court for the District of Columbia a petition to vacate an UNCITRAL arbitration award of approximately $20 million rendered in favour of AWG Group Ltd (No. 15-cv-01057, 6...more

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