Priority Disputes

News & Analysis as of

Federal Circuit Review - February 2014

Defendant Bears Burden of Proof in Declaratory Judgment Case - In Medtronic, Inc. v. Mirowski Family Venture, LLC, Appeal No. 12-1128, the Supreme Court reversed the Federal Circuit’s determination that the burden of...more

Federal Circuit Finds Hole in “This” Priority Claim

In Medtronic CoreValve, LLC v. Edwards Lifesciences Corp., the Federal Circuit affirmed the district court’s finding that the patent at issue was invalid because of a defective priority claim. While practitioners may cringe...more

Medtronic CoreValve, LLC v. Edwards Lifesciences Corp. (Fed. Cir. 2014)

The Federal Circuit's decision in Medtronic CoreValve, LLC v. Edwards Lifesciences Corp. provides a warning for patent practitioners seeking to claim priority to earlier filed patent applications: failure to specifically...more

Spanish Insolvency Act Amendment Offers Comfort to Parties in Sareb Transactions

On November 30, 2013, the Spanish legislator approved a recent amendment to Spanish insolvency law, introduced in March 2013, to clarify that a claim transferred to Spanish “bad bank” Sareb, and subsequently sold by Sareb to...more

Florida Supreme Court Declares "Superpriority" Municipal Liens Invalid

It has become increasingly common in recent years for Florida municipalities to enact local ordinances granting so-called “superpriority” status to liens for municipal assessments. These types of ordinances typically state...more

Court of Appeal Resolves Statutory Accident Benefits Priority Disputes

The Ontario Court of Appeal in its recent decision of Security National Insurance Company v. Markel Insurance Company, 2012 ONCA 683, has addressed a contentious area of law concerning who is responsible for paying an injured...more

Priority Disputes - Step by Step Guide to Handling Claims

Priority disputes are governed by Ontario Regulation 283/95 – Disputes Between Insurers (hereinafter “Regulation”). The Regulation was established in 1995 to ensure payment of Statutory Accident Benefits to injured persons...more

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