News & Analysis as of

Counterclaims

Orrick - Trade Secrets Group

#SecretTweets: Protecting Social Media As A Trade Secret?

Social media today connects people more than ever. It can be a means to bring together long-lost friends, new acquaintances, and love interests, or the public with celebrities, sports teams, new products, and companies—to...more

Carlton Fields

Federal Court In Puerto Rico Voids Marine Insurance Policy Based Upon Misrepresentation In Insurance Application

by Carlton Fields on

QBE Seguros brought a successful action declaring a marine insurance policy was void ab initio under the doctrine of uberrimae fidei and the breach of the warranty of truthfulness in the application for insurance....more

Smart & Biggar

Teva succeeds in section 8 bortezomib action; infringement counterclaim dismissed

by Smart & Biggar on

On July 18, 2018, Justice Locke of the Federal Court granted Teva’s claim for compensation under section 8 of the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) for losses suffered while market...more

Morris James LLP

Court of Chancery Awards Fair Value to Forced-Out LLC Member

by Morris James LLP on

Domain Associates LLC v. Shah, C.A. No. 12921-VCL (Del. Ch. Aug. 13, 2018) - An LLC agreement may provide what payout a departing member receives for his or her interest. It also may provide that a member may be forced to...more

Morris James LLP

Federal District Court Dismisses Contradictory Claims

by Morris James LLP on

Hiller & Associates LLC v. Garden Fresh Restaurants LLC, C.A. 18-152-VAC-MPT (D. Del. August 9, 2018) - This is an interesting decision because it dismisses a counterclaim that is contradicted by the claimant’s answer to...more

Proskauer - New England IP Blog

False Patent Marking Counterclaim Dismissed for Failure to Plead Deceptive Intent with Particularity

In a recent decision involving a dispute between head-to-head competitors in the market for “poster boards and poster board accessory products,” Judge Bolden in the District of Connecticut dismissed defendant Royal Consumer...more

Pepper Hamilton LLP

Ohio Court of Appeals Rules That Architect’s Authority Does Not Extend to Advancing Payments to Subcontractors, and Architect’s...

by Pepper Hamilton LLP on

Manley Architecture Grp., LLC, v. Santanello, 2018 Ohio App. LEXIS 2372 (June 7, 2018) - Dr. Steven A. Santanello (“Santanello”) contracted with Manley Architecture Group, LLC (“MAG”) to design and manage the construction...more

Nutter McClennen & Fish LLP

Plaintiff’s Chapter 93A Claim Boomerangs When Plaintiff Moves to Dismiss Chapter 93A Counterclaim

A business plaintiff’s assertion of a Chapter 93A claim could boomerang where the plaintiff moves to dismiss a Chapter 93A counterclaim. That’s a key takeaway from Judge Kaplan’s decision in Microsemi Corp. v. Langlois....more

Goodwin

Biosimilar Litigation Updates

by Goodwin on

Below is an update on recent developments in several litigations involving biosimilar products. Amgen v. Sandoz (filgrastim, pegfilgrastim): As we previously reported, the district court granted summary judgment of...more

Smart & Biggar

Shire’s VYVANSE patent valid, prohibition order issued

by Smart & Biggar on

On June 29, 2018, Justice Fothergill of the Federal Court granted Shire’s application under the pre-amended Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) for an order prohibiting the Minister of...more

Nutter McClennen & Fish LLP

America’s Test Kitchen Faces Abuse of Process Claim

America’s Test Kitchen (ATK) commenced suit against Christopher Kimball, who used to work for ATK. The lawsuit arises from Kimball’s development of a competing business. ATK also sued William Thorndike, Jr. According to ATK,...more

Goodwin

Genentech Seeks to Dismiss and Strike Amgen’s Counterclaims and Certain Defenses in Bevacizumab Biosimilar Litigation

by Goodwin on

As we previously reported, on May 22, 2018 in Genentech v. Amgen, which concerns Amgen’s Mvasi® (bevacizumab-awwb) biosimilar, Genentech filed a motion to dismiss and to strike Amgen’s counterclaims and certain affirmative...more

Kilpatrick Townsend & Stockton LLP

Certificate of Merit – 2017 in Review: Part II: Do Certificate of Merit Requirements Apply to Third-Party Plaintiffs?

Texas’ Fourteenth Court of Appeals recently shed light on whether third-party plaintiffs are bound by the certificate of merit requirement in Section 150.002 of the Civil Practices and Remedies Code. ...more

K&L Gates LLP

New Mexico Files Counterclaims Against Texas and the United States in Latest Chapter of Interstate Water Compact Dispute

by K&L Gates LLP on

On March 12, 2018, we issued an alert analyzing the United States Supreme Court’s decision in Texas v. New Mexico, 138 S.Ct. 954 (2018), allowing the United States to intervene in an interstate water compact dispute between...more

Farrell Fritz, P.C.

First Department Rejects Kesha’s Proposed Counterclaims Seeking to Terminate Contracts With Dr. Luke

by Farrell Fritz, P.C. on

In a recent decision handed down just a couple of days ago, the Appellate Division, First Department affirmed Justice Kornreich’s denial of singer and songwriter Kesha Sebert’s (“Kesha”) motion for leave to file second...more

Carlton Fields

Court Of Appeal Of England And Wales Finds That Party’s Forgery Of Documents In Connection With A Transaction Does Not Bar...

by Carlton Fields on

The Court of Appeal of England and Wales has rejected a challenge to an arbitration award issued by the China International Trade Arbitration Commission (the “Tribunal”) against RBRG Trading (UK) Limited in favor of Sinocore...more

Gray Reed & McGraw

Texas Anti-SLAPP Statute Stalls Lessee’s Counterclaim

by Gray Reed & McGraw on

It is often a worthy strategy for the lessee to be aggressive with counterclaims against the lessor. Lessees should think twice about that strategy if it means complaining about the lessor’s public statements. In Lona Hills...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Renewable Energy Purchase Agreement: 8th Circuit Court of Appeals Addresses Whether Municipality Liable for Curtailed Energy

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in a May 2nd opinion a dispute between a wind-energy supplier and a municipal electric system. See Smoky Hills Wind Project II, LLC v....more

Winthrop & Weinstine, P.A.

Game-maker Sues Lucasfilm over Han Solo Movie

by Winthrop & Weinstine, P.A. on

You may have heard of a little movie called Star Wars. If you haven’t, well, I’ve got some movies for you to borrow. The film was released in 1977, and soon spawned a trilogy of movies that are among the most popular film...more

Winstead PC

Court Holds That There Is A Fact Issue By Former Employer Against Employee For Breach Of Fiduciary Duty In Self-Dealing...

by Winstead PC on

In Roberts v. Overby-Seawell Co., an employee sued his former employer for the failure to pay commissions. No. 3:15-CV-1217-L, 2018 U.S. Dist. LEXIS 47821 (N.D. Tex. March 23, 2018). ...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Institutes IPR Despite Petitioner’s Prior Invalidity Challenge in Declaratory Judgment Action, Citing “Unambiguous Language”...

On August 1, 2016, Canfield Scientific, Inc. filed a civil action in the District of New Jersey against Melanoscan, LLC, seeking a declaratory judgment of non-infringement of U.S. Patent No. 7,359,748 (“the ’748 Patent”). In...more

McKee, Voorhees & Sease, P.L.C.

All's Fair in Love and Litigation: The Intellectual Property War of Bumble and Tinder

Last month Match Group, which owns Tinder (as well as OkCupid, Match.com and Plenty of Fish) filed suit against Bumble alleging patent infringement, trademark infringement, and misappropriation of trade secrets. See Match...more

Williams Mullen

Making Effective Use of the Claims/Disputes Process

by Williams Mullen on

In this episode of GovCon Perspectives, Will Wozniak talks with Tony Anikeeff about how the claims/disputes process can be effective for addressing contract issues beyond just getting paid. But you must follow the rules....more

Jones Day

Have Cake, Eat Cake: Declaratory Judgment Strategy For Accused Infringers

by Jones Day on

The AIA prohibits institution of a post-grant proceeding when the petitioner previously “filed a civil action challenging the validity of a claim of the patent.” 35 U.S.C. § 315(a)(1). PGR petitions (including CBM petitions)...more

White & Case LLP

Update: No cross-contract set-off between construction contracts in adjudication

by White & Case LLP on

Singapore's highest court has found that set-off between different construction contracts is not possible in adjudication. Adjudication aims to ensure prompt and efficient payment for contractors. The court concluded that the...more

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