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Domestic Injury

BakerHostetler

Supreme Court Expands Understanding of Rico “Domestic Injury” Requirement in Yegiazaryan v. Smagin

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On June 22, 2023, in Ashot Yegiazaryan, aka Ashot Egiazaryan v. Vitaly Ivanovich Smagin, et al., the United States Supreme Court held that the determination of whether a nonresident plaintiff suffered a domestic injury for...more

Troutman Pepper

The Federal Circuit Could Make the ITC a More Appealing Forum

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In a pending case, the Federal Circuit is primed to provide much-needed clarity on the economic prong of the domestic industry requirement at the United States International Trade Commission (ITC). In ruling, the court will...more

Jenner & Block

US Supreme Court Permits Foreign Plaintiff to Bring RICO Suit for Evading Attempts to Enforce an International Arbitral Award

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The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO is a powerful statute that allows recovery of treble damages and attorneys’ fees...more

A&O Shearman

Yegiazaryan v. Smagin: RICO Becomes a Tool for Foreign Plaintiffs to Collect on Arbitration Awards in the U.S.

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The Supreme Court’s recent decision in Yegiazaryan v. Smagin opens the door for foreign plaintiffs to use the Racketeer Influenced and Corrupt Organizations Act (“RICO”) as an additional tool for collecting on international...more

Jenner & Block

Client Alert: US Supreme Court Permits Foreign Plaintiff To Bring RICO Suit for US Acts To Frustrate Enforcement of an...

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The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), which provides treble damages and attorneys’ fees, to assist enforcement of an...more

Foley Hoag LLP

SCOTUS Resolves Circuit Split on How to Assess Domestic Injury Under RICO

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In Yegiazaryan v. Smagin, the Supreme Court of the United States built upon its decision in RJR Nabisco, Inc. v. European Community, which concerned whether the Racketeer Influenced and Corrupt Organizations Act (“RICO”) ...more

King & Spalding

U.S. Supreme Court Holds Plaintiffs May Use RICO to Enforce Foreign Arbitral Awards

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In a January 17, 2023 Client Alert, we addressed the U.S. Supreme Court’s decision to grant certiorari in CMB Monaco v. Smagin and Yegiazaryan v. Smagin, two cases which concern the use of the Racketeer Influenced and Corrupt...more

Foley & Lardner LLP

Availability of RICO Claims to Foreign Holders of Arbitral Awards

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The United States Supreme Court may soon provide to foreign holders of arbitral awards a powerful tool to enforce the awards in the United States against recalcitrant parties and their enablers — a claim under the Racketeer...more

Patrick Malone & Associates P.C. | DC Injury...

Head trauma: A hidden harm for battered women

Women suffer significant, sustained damage from head traumas inflicted on them during domestic abuse, and victims themselves, doctors, law enforcement, and too many others have underestimated the severity of this problem....more

Goodwin

ITC 337 Quarterly Insider Q2 2020

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Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Orrick, Herrington & Sutcliffe LLP

Racketeer Influenced and Corrupt Organizations Act (RICO) - The World in U.S. Courts: Summer 2019

US Domestic Injury Found Where Theft Deemed to Have Occurred when Funds Transferred from US Bank Account Bascuñán v. Elsaca, US Court of Appeals for the Second Circuit, June 13, 2019 This opinion reflects the second time...more

A&O Shearman

Second Circuit Holds That Commodities Exchange Act Antifraud And Private Right Of Action Provisions Do Not Apply...

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On August 29, 2019, the United States Court of Appeals for the Second Circuit affirmed the dismissal of an action under the Commodities Exchange Act (“CEA”) alleging that defendants manipulated the foreign benchmark for the...more

Orrick, Herrington & Sutcliffe LLP

Racketeer Influenced and Corrupt Organizations Act (RICO) - The World in U.S. Courts: Spring 2019

Non-US Plaintiffs Allegedly Defrauded by Fund’s Investment in US Life Insurance Proceeds did not Suffer a US Domestic Injury Within the Meaning of RICO. ...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Spring 2019

No Personal Jurisdiction Over French Manufacturer of Allegedly Defective Component Incorporated into Product Sold by Different Manufacturer....more

McDermott Will & Emery

The Wild, Wild WesternGeco: Reasonable Royalties and Lost Profits

Following remand from the Supreme Court of the United States, the US Court of Appeals for the Federal Circuit addressed the impact of an intervening invalidation of four of six patent claims in issue by the Patent Trial and...more

Hogan Lovells

District Court Extends Patent Damages to Include Foreign Lost Profits in Direct Infringement Cases

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On October 4, 2018, Federal District Court Judge Leonard P. Stark issued an order in Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al. allowing a plaintiff to recover foreign lost profits for...more

Hogan Lovells

US Patents and the potential global monopoly effect for software

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Earlier this summer, the Supreme Court held that the Patent Act’s damages provision, 35 U.S.C. 284, allowed a patent holder to recover foreign lost profits when patent infringement liability is based on 35 U.S.C. 271(f)(2)....more

Hogan Lovells

Standard Essential Patent Update – August 2018

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In the August 2018 edition of Hogan Lovells’ Standard Essential Patent (SEP) Update, we report on recent news and case decisions from China, Germany, the United Kingdom, and the United States. This bi-monthly newsletter...more

Sunstein LLP

July 2018 IP Update: In Limited Circumstances, the Supreme Court Permits Businesses to Recover Patent Damages for Sales Made...

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The Supreme Court recently answered the question whether a patent owner can collect damages caused by an infringer’s sales outside the U.S. Federal law typically reaches only conduct within the country, but the justices made...more

Hogan Lovells

U.S. + Germany Patent Update – July 2018

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The prominent state of patent litigation in the United States and Germany is due not only to the size of its markets, but also to a recent increase in hearings before the U.S. International Trade Commission and the Patent...more

Tarter Krinsky & Drogin LLP

U.S. Supreme Court Broadens The Territorial Scope Of Patent Damages

In a 7-2 decision, its first to address the extraterritorial scope of patent damages since passage of the modern patent act, the U.S. Supreme Court in WesternGeco LLC v. Ion Geophysical Corp., No. 16-1011 (June 22, 2018),...more

Jackson Walker

Extraterritorial Reach Of Patents— Impact Of Recent Supreme Court Decisions

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Jackson Walker partner Leisa Talbert Peschel spoke at the 14th Annual Advanced Patent Litigation Course on Thursday, July 12, at the U.S. Patent and Trademark Office’s Rocky Mountain Regional Office in Denver, Colorado. ...more

Miles & Stockbridge P.C.

Patents: Lost & Found WesternGeco Provides for Recovery of Lost Foreign Profits

Patents are valuable intellectual property assets that grant their owners a limited monopoly over the sale and use of the patented subject matter for a fixed period of time. The patent permits its owner to recover potentially...more

Weintraub Tobin

Recovery of Lost Foreign Profits for Infringement of a U.S. Patent

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While a U.S. patent provides the patent owner with a monopoly to prevent others from “making, using, offering for sale, or selling the invention throughout the United States,” there are significant limits to the...more

Hogan Lovells

Hogan Lovells: ITC Section 337 Quarterly Highlights

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The ITC Section 337 series provides updates on recent U.S. International Trade Commission (ITC) Section 337 investigations as well as other timely ITC developments that affect your business. ...more

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