Bar Exam Toolbox Podcast Episode 262: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
The Briefing: Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
Welcome back to the Bar Exam Toolbox podcast! In this week's episode, we're focusing on a topic from Civil Procedure -- specifically, motions for judgment as a matter of law and motions for new trial, where the moving party...more
Precedential and Key Federal Circuit Opinions - CYNTEC COMPANY, LTD. v. CHILISIN ELECTRONICS CORP., CHILISIN AMERICA LTD. [OPINION] (2022-1873, 10/16/23) (Moore, Stoll, Cunningham) - Stoll, J. The Court reversed the...more
The US Court of Appeals for the Federal Circuit upheld a district court’s claim construction and jury instructions but reversed a premature judgment as a matter of law (JMOL) on obviousness and an imprecise damages award....more
Cyntec Company, Ltd. v. Chilisin Electronics Corp., Appeal No. 2022-1873 (Fed. Cir. Oct. 16, 2023) In this week’s Case of the Week, the Federal Circuit reversed and remanded a California district court’s judgment as a...more
In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this...more
The District Court for the District of Delaware recently held a patentee waived its right to seek JMOL on infringement following a jury verdict of non-infringement because the patentee’s Rule 50(a) motion focused solely on...more
In this asbestos-related lawsuit, the defendant, Structure Tone, filed for summary judgment arguing that the plaintiff failed to establish that he was exposed to asbestos from working with or near products used by Structure...more
Court: Court of Appeals of Washington, Division One - In this asbestos action, decedent Kevin Holdsworth worked at a paper mill in Camas, Washington from 1964 to 2001. He alleged exposure to asbestos from several sources...more
Court: Supreme Court of New York, New York County - In this asbestos-related lawsuit, defendant, Perkins Engines, filed a motion for summary judgment arguing that plaintiff could not have used its brakes, clutches, or...more
Sanofi and Regeneron filed their brief at the Supreme Court in Amgen v. Sanofi, in which Amgen seeks to have the Court overturn the District Court's grant of JMOL in the issue of whether Amgen's claims were invalid for...more
The Supreme Court on Friday, Nov. 3, granted Amgen’s petition for certiorari on the second of the Questions Presented in its petition...more
U.S. District Court for the Eastern District of Louisiana, July 25, 2022 - As previously reported on the Asbestos Case Tracker, this matter stems from decedent Callan Cortez’s take-home exposure to asbestos, from his...more
United States District Court for the Eastern District of Louisiana, June 8, 2022 - In April 2022, Hopeman filed the instant motion for partial summary judgment arguing that the plaintiffs’ intentional tort claim must be...more
Case Name: GlaxoSmithKline LLC v. Teva Pharms. USA, Inc., 25 F.4th 949 (Fed. Cir. 2022) (Circuit Judges Moore, Newman, Dyk, Prost, O’Malley, Reyna, Taranto, Chen, Hughes, and Stoll presiding; Moore, Newman, O’Malley, Taranto,...more
U.S. patent law grants patent owners the right to grant licenses to their patents in analogy to landlords granting rents to real property as a license to use without obtaining ownership. 35 U.S.C. §§ 261-262. But the...more
Stone Brewing has used STONE as a trademark since the early 1990s, and has since become the largest brewery in Southern California and ninth largest craft brewery in the U.S. Fast forward to 2017, when MillerCoors rebranded...more
The US Court of Appeals for the Ninth Circuit affirmed a district court’s order vacating a jury award of damages for copyright infringement and granting judgment as a matter of law, explaining that the musical work alleged to...more
In Lubby Holdings LLC v. Chung, the Federal Circuit held corporate officers and employees who actively assist with their corporation’s infringement may be personally liable for inducing infringement even without any piercing...more
The 2020 decision by a divided Federal Circuit panel in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA regarding the extent to which an ANDA applicant who obtained regulatory approval under the Section viii carve-out...more
The Federal Circuit in SRI Int’l, Inc. v. Cisco Sys., Inc., No. 20-1685, slip op. (Fed. Cir. Sep. 28, 2021) addressed the standards for willful infringement and enhanced damages, and provided insights on litigation tactics...more
The Federal Circuit in Lubby Holdings v. Chung overturned a jury verdict finding that Lubby satisfied Sec. 287(a)’s requirement to notify Chung of his infringement. Was this reversible error, or has the court determined that...more
The US Court of Appeals for the Federal Circuit reversed a district court’s finding of liability for infringement that occurred prior to the filing of the action, explaining that notwithstanding the defendant’ admission that...more
The US Court of Appeals for the Federal Circuit rejected an insufficiently developed claim construction challenge and found noninfringement where the patentee argued that a key feature shared by the accused device and the...more
Most judicial outcomes, particularly on appeal, are broadly based on varying combinations of process and outcome. The law is replete with process-based decisions (standing, jurisdiction, waiver, to name a few) and of course...more
The U.S. Supreme Court recently granted certiorari to tackle a technical copyright registration question: when a defendant alleges knowing inaccuracies in a copyright registration, does 17 U.S.C. § 411 require referral to the...more