News & Analysis as of

Appeals Equitable Estoppel

ArentFox Schiff

Soltero v. Precise Distribution, Inc.: Key Takeaways for Employers Relying on Arbitration Agreements for Temporary Workers

ArentFox Schiff on

Employers supplementing their workforce with temporary workers may be out of luck if they wish to rely on arbitration agreements between the temporary helper and the staffing provider. The California Court of Appeal, Fourth...more

McDermott Will & Emery

Federal Circuit Divided on Whether Skinny Labeling Compliance Precludes Inducement or Supports Equitable Estoppel

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit denied a generic drug manufacturer’s petition for en banc review of a panel opinion finding induced infringement liability despite the manufacturer’s adherence to skinny...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: John Bean Techs. Corp. v. Morris & Assocs., Inc.,...

This case was the second opinion in a patent dispute saga between two poultry processing competitors over patented poultry chilling technology. See John Bean Tech. Corp. v. Morris & Associates, Inc., 887 F.3d 1322 (Fed. Cir....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

McDermott Will & Emery

Sixth Circuit: It’s a Go on Plaintiff’s Claims Despite Arbitration Clause

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The US Court of Appeals for the Sixth Circuit affirmed in part a district court’s grant of a stay pending arbitration, finding that as non-parties to the underlying arbitration agreement, defendants could not stay the...more

Kilpatrick

Second Circuit rules Trump parties forfeited arguments on appeal

Kilpatrick on

Takeaway: The importance of preserving issues for appeal when litigating a case before a trial court – from the outset of the case all the way through post-trial motions – cannot be overstated. As a general matter, a...more

McDermott Will & Emery

Summary Judgment Foreclosed when There Is More than One Possible Inference from Evidence

McDermott Will & Emery on

Reversing a summary judgment ruling that barred a correction of inventorship claim, the US Court of Appeals for the Federal Circuit, found issues of material fact foreclosed summary judgment and warned that where an issue is...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2020 #3

C.R. Bard Inc. v. AngioDynamics, Inc., Appeal No. 2019-1756, -1934 (Fed. Cir. Nov. 10, 2020) - Our Case of the Week is one of two cases decided this week in which the Federal Circuit finds that a district court jumped the...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor - October 2020: Ninth Circuit Finds ERISA Complaint Sufficiently Alleges Insurer had Waived Anti-Assignment...

In Cal. Spine & Neurosurgery Inst. v. Blue Cross of Cal., 2020 U.S. App. LEXIS 20533 (9th Cir. June 20, 2020), the Ninth Circuit held that a surgical provider's complaint sufficiently alleged that Blue Cross of California...more

Snell & Wilmer

From the U.S. Supreme Court: The New York Convention Does Not Bar Non-Signatories to an Arbitration Agreement From Compelling...

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The U.S. Supreme Court recently addressed whether a non-signatory’s attempt to compel arbitration under an international arbitration agreement using domestic doctrines of equitable estoppel is barred by the Convention on the...more

McDermott Will & Emery

Tax Court Holds That Form 870-AD Is Not a Binding Settlement Agreement

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A recent US Tax Court Memorandum Opinion held that a settlement agreement embodied in Internal Revenue Service (IRS) Form 870-AD does not preclude the IRS from reopening an audit and issuing a notice of deficiency. In Howe...more

Bradley Arant Boult Cummings LLP

South Carolina Supreme Court Says “No” to Binding Non-Signatories to Arbitration Clause

The Supreme Court of South Carolina recently determined that non-signatory insureds could not be compelled to arbitrate their claims under an arbitration clause in an agency agreement where the insureds did not obtain a...more

McDermott Will & Emery

Claim Amendments May Reset Timing for Equitable Estoppel

The US Court of Appeals for the Federal Circuit held that prior acts related to earlier-issued claims did not lead to equitable estoppel for amended claims that issued in a later re-examination proceeding. John Bean...more

Knobbe Martens

John Bean Technologies Corporation v. Morris & Associates, Inc

Knobbe Martens on

Federal Circuit Summaries - Before Prost, Reyna, and Wallach. Appeal from the United States District Court for the Eastern District of Arkansas. Summary: Pre-reexamination conduct cannot be a basis for equitable...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - Droplets, Inc. v. E*TRADE Bank., Appeal No. 2016-2504 (Fed. Cir. 2018)?- In an appeal from an inter partes review, the Federal Circuit affirmed a decision by the PTAB invalidating a patent...more

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies When a Nonsignatory Can Compel Arbitration

Generally, only signatories to an arbitration agreement can compel one another to arbitrate their claims. However, in certain situations, a nonsignatory may take advantage of an arbitration agreement between other parties....more

Downey Brand LLP

Clean Sweep for City of San Diego in Challenge to Approval of Private School

Downey Brand LLP on

On December 20, 2017, the Fourth District Court of Appeal delivered a solid win for the City of San Diego in a multi-faceted challenge to its approval of a private school pursuant to a Mitigated Negative Declaration (“MND”)....more

McDermott Will & Emery

More Bumps in the Road for Uber along the Trade Secret Highway

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The US Court of Appeals for the Federal Circuit affirmed a California district court decision denying a trade secret defendant’s motion to compel arbitration based on a prior employment agreement between the plaintiff and an...more

Schwabe, Williamson & Wyatt PC

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more

Schwabe, Williamson & Wyatt PC

Recent Developments In Patent Law May 17, 2017

Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant...more

Knobbe Martens

Federal Circuit Review | April 2017

Knobbe Martens on

Patentee’s Unnecessarily Broad Prosecution Disclaimer Affirmed by Federal Circuit - In Technology Properties Limited LLC v. Huawei Technologies Co., Ltd., Appeal Nos. 2016-1306, -1307, -1309, -1310, -1311, the Federal...more

Holland & Knight LLP

D.C. Circuit Awards Navajo Nation $15.7 Million in Additional Annual ISDEAA Funding

Holland & Knight LLP on

Court: Bureau of Indian Affairs Failed to Act in Timely Manner on Tribal Funding Proposal - The U.S. Court of Appeals for the District of Columbia Circuit on April 4, 2017, ruled that the Navajo Nation is entitled to...more

Bradley Arant Boult Cummings LLP

SCA Hygiene Case Provides a Clear Win for Patent Owners

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court last week overruled the Federal Circuit’s en banc decision that laches (unreasonable delay in bringing a claim) can bar recovery of...more

Proskauer - New England IP Blog

Supreme Court Rejects Laches Defense in Patent Cases

The U.S. Supreme Court ruled this week that laches is not a defense in the majority of patent cases. Justice Alito, writing for the 7-1 majority, found the application of laches to patent disputes incompatible with the...more

Jones Day

Supreme Court Curbs Laches as a Defense in Patent Cases

Jones Day on

In SCA Hygiene Products v. First Quality Baby Products, decided on March 21, 2017, the U.S. Supreme Court significantly reduced the role of the laches defense in patent actions: "Laches cannot be interposed as a defense...more

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