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Civil Procedure Updates

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Mitigating Risk at the Intersection of Business and Patents

by Lane Powell PC on

Public sales and offers to sell can trigger the on sale bar without a public disclosure of the invention - Since its enactment in 2011, many practitioners (and the U.S. Patent and Trademark Office (USPTO) itself) have...more

Unmet Garmin Factor 3 Proves Fatal for Additional Discovery Request

by Jones Day on

In Polygroup Ltd. v. Willis Electric Co., Ltd., the Patent Trial and Appeal Board denied a Patent Owner request for documents already provided in a co-pending lawsuit but restricted from use by a protective order....more

U.S. Supreme Court Addresses Scope of Patent Venue

by Jones Day on

In TC Heartland LLC v. Kraft Foods Group Brands LLC, the U.S. Supreme Court resolved where a domestic corporation "resides" for purposes of the patent venue statute. The Court narrowed the meaning of "resides" under 28 U.S.C....more

Transnational Class Action Dispute Over Oil Spill Commenced in Australia

by Jones Day on

Following the 2009 Montara Oil Field oil spill in the Timor Sea, an Indonesian seaweed farmer brought a class action in Australia against the operator of the Montara Oil Field. The action was commenced on behalf of a class of...more

Mylan Institutional LLC v. Aurobindo Pharma Ltd. (Fed. Cir. 2017)

Last week, the Federal Circuit reviewed the rare event of a preliminary injunction being granted in a lawsuit over a chemical invention, made rarer still by the evidence of likelihood of success on the merits required for the...more

Employment Law Commentary - May 2017 #2

by Morrison & Foerster LLP on

"On The Seventh Day He (She) Rested"... Maybe - It took 124 years, but the California Supreme Court in Mendoza v. Nordstrom, Inc., No. S224611, 2017 WL 1833143 (Cal. May 8, 2017) finally addressed in detail California’s...more

Right for the Wrong Reason - Reversal Requires More Than Just an Error

by Carlton Fields on

Challenging an adverse judgment on appeal is an uphill battle from the start. A major part of winning an appeal requires demonstrating that an error occurred and confirming that the error was properly raised in the trial...more

Supreme Court Grants Cert In SAS To Decide Required Scope Of PTAB Decision

by Foley & Lardner LLP on

On May 22, 2017, the Supreme Court granted certiorari in SAS Institute, Inc. v. Lee, where it has been asked to decide whether the PTAB is statutorily required “to issue a final written decision as to every claim challenged...more

The Supreme Court Limits What Constitutes Proper Venue

In TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, 581 U.S. __ (2017), the Supreme Court reversed a Federal Circuit decision and clarified the proper scope of venue pursuant to the patent venue statute, 28...more

Nevada Solar Project Survives Ninth Circuit Review Despite Impacts to Tortoise Connectivity

by Nossaman LLP on

On May 18, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment decision in favor of the Secretary of the Department of the Interior and other federal officials in an...more

Ninth Circuit Applies Omnicare to Section 10(b) and Rule 10b-5 Claims

by Latham & Watkins LLP on

The Ninth Circuit follows the Second and Tenth Circuits in extending Omnicare’s requirements for pleading the falsity of opinion statements to claims under Section 10(b) and Rule 10b-5. In recent years, courts have...more

Advertising Law - May 2017 #4

NAD Watches Paint Dry, Sides With Advertiser - The Sherwin-Williams Co. does not need to change the name of its “CoverMaxx” spray paints, the National Advertising Division of the Better Business Bureau said after...more

Water Splash Reveals a Glaring Omission in Wisconsin's Service-of-Process Rules, Which Ought To Be Fixed

by Foley & Lardner LLP on

This week's unanimous U.S. Supreme Court decision in Water Splash, Inc. v. Menon, 581 U.S. ___, No. 16-254, points out a glaring omission in Wisconsin’s service-of-process rules that ought to be fixed, so that Wisconsin...more

Appeals Court Upholds Block on Trump’s Revised Travel Ban

by Cozen O'Connor on

On May 25, 2017, the 4th Circuit Court of Appeals upheld a ruling that blocked President Trump’s revised travel ban against six Muslim-majority countries. The first travel ban was issued in January, but that ban was also...more

Torts – Recreational Use Immunity – Consideration Exception

by Low, Ball & Lynch on

The consideration exception to CA’s recreational use immunity statute is contingent upon payment of consideration, not its receipt by the party seeking immunity. Pacific Gas and Electric Company v. The Superior Court of...more

Midtown Acquisitions LP v Essar Global Fund Ltd [2017] EWHC 519 (Comm)

by Bryan Cave on

On 17 March 2017 Mr. Justice Teare delivered an important judgment concerning the enforcement of foreign (specifically New York) judgments in England. The case involved a New York procedure known as “Judgment by...more

Following U.S. Supreme Court Review, Ninth Circuit Remands EEOC Subpoena Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After the U.S. Supreme Court clarified in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), that the scope of review for employers facing EEOC administrative subpoenas was the...more

Second Circuit Rejects Application of Collateral Order Doctrine to “Non-Colorable” Double Jeopardy Claim

In United States v. Serrano, 16-432-cr; 17-461-cr (Kearse, Calabresi, Cabranes), the Second Circuit denied the defendant’s interlocutory appeal for lack of jurisdiction, holding that the collateral order doctrine is...more

Appellate Court Notes: Week of May 22, 2017

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: Released after 11:30 a.m. SC19568, SC19569 - Mayer v. Historic District Commission - The statutory grounds for aggrievement for zoning appeals do not apply to Historic...more

BPCIA Litigation Roundup (Spring 2017)

by Goodwin on

Below is our spring update on the U.S. patent litigations concerning proposed or approved biosimilar products. For additional details, please consult our BPCIA Litigation Summary Chart or our previous quarterly updates...more

The Stealthy Traffic Camera and the Class Action That Wasn’t

by Benesch on

Mobile speed units. Those mindless menaces squinting at everything that rolls down the road. Most drivers approach them with caution, but others, either oblivious to their presence or bent on one-upping the machine, speed...more

TC Heartland: The End of an Era in Patent Litigation

by Dorsey & Whitney LLP on

On Monday, May 22, the Supreme Court reached a unanimous decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, overruling the Federal Circuit’s interpretation of the patent venue statute, 28 U.S.C. § 1400(b), and...more

Court Affirms Jury Finding Of No Breach Of Fiduciary Duty In Partnership Dispute

by Winstead PC on

In Thunder Rose Enters. v. Kirk, the plaintiffs sued the defendant for various claims, including breach of fiduciary duty based on an alleged partnership dispute. No. 13-15-00431-CV, 2017 Tex. App. LEXIS 3481 (Tex....more

Supreme Court to review policy of partial institution of inter partes reviews

by Dentons on

The Supreme Court recently granted certiorari and will review Patent Trial and Appeal Board (PTAB) practice involving instituting review on fewer than all patent claims challenged in an inter partes review (IPR) petition....more

Patent Litigation Venue: Supreme Court Clarifies Venue Statutes in TC Heartland v. Kraft Foods.

The U.S. Supreme Court announced its ruling in TC Heartland v. Kraft Foods Group Brands LLC on May 22, 2017, a patent infringement case that has garnered national attention for its implications on venue....more

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