In Lyn M. v. Premera Blue Cross, 2020 U.S. App. LEXIS 23395 (10th Cir. July 24, 2020), the Tenth Circuit held that a district court had applied the wrong standard of review and incorrectly evaluated an ERISA plan...more
Under California law, receivers can be appointed for many purposes. Sometimes a “general equity” receiver is appointed to take control of a business entity and its assets where the decision-makers are deadlocked in...more
SYNGENTA CROP PROTECTION, LLC v. WILLOWOOD, LLC - Before Reyna, Taranto, and Stoll. Appeal from the U.S. District Court for the Middle District of North Carolina. Summary: Infringement under § 271(g) does not require a...more
Carroll v. City & Cnty. of S.F., 41 Cal. App. 5th 805, 254 Cal. Rptr. 3d 519 (2019) - Summary: Each alleged reduction of monthly disability retirement benefit payments for discriminatory reasons was continuing violation...more
AIRBUS S.A.S. v. FIREPASS CORPORATION Before Lourie, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Whether an asserted prior art reference is reasonably pertinent to the particular problem...more
Moldex-Metric, Inc. filed a trademark infringement lawsuit against McKeon Products. Moldex-Metric asserted that McKeon infringed its unregistered trade dress consisting of a bright green color for foam ear plugs by using a...more
The question of when parties to a potential transaction actually become bound to each other is obviously an important one, and sometimes the answer can be surprising, or less than entirely clear. A recent Texas Court of...more
The Holding - In Preciado v.Young American Insurnace Company, 2017 WL 2805631 ( Ariz.App . June 29, 2017) (unpublished), the Arizona Court of Appeals held the trial court erroneously failed to grant an Insurer’s motion for...more
The Circuit issued only one precedential patent case this week, reversing a determination of obviousness as to a Millennium Pharmaceutical patent covering its blockbuster cancer drug Velcade®, thus extending the life of...more
On September 27, the U.S. Court of Appeals for the Third Circuit handed the Federal Trade Commission a big win, overturning the Middle District of Pennsylvania’s denial of an injunction to block the proposed merger of Penn...more
On November 3, 2015, the Federal Circuit issued Belden Inc. v. Berk-Tek LLC1, a rare precedential opinion reversing a determination by the Patent Trial and Appeal Board (PTAB) in an inter partes review proceeding. This is...more