News & Analysis as of

Stipulations Appeals

McDermott Will & Emery

Still Exceptional: Fee-Shift Appropriate in View of Noninfringement Stipulation

McDermott Will & Emery on

In a split decision, the US Court of Appeals for the Federal Circuit affirmed a district court’s award of more than $5 million in attorneys’ fees, finding that the district court did not abuse its discretion in finding the...more

McDermott Will & Emery

Too Good to Be True? Federal Circuit Demands Evidence of Reliance on Favorable Ruling, Stipulation

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit held that notwithstanding a stipulation on claim construction, a party may still induce infringement absent proof that it actually relied on the stipulation, and that mere...more

Winstead PC

Court Rules Against Trustee’s Right to a Jury Trial Where the Trustee Agreed To A Summary Proceeding

Winstead PC on

In Lavizadeh v. Moghadam, a trustee purchased real estate and then had a dispute with a guarantor. No. 05-18-00955-CV, 2019 Tex. App. LEXIS 10835 (Tex. App.—Dallas December 13, 2019, no pet. history). The trial court ruled...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Stamps Out Approval Requirement for FLSA Claims Settled Via Rule 68 Offers of Judgment

On December 6, 2019, the U.S. Court of Appeals for the Second Circuit held in Yu v. Hasaki Restaurant, Inc., No. 17-3388, that judicial approval is not required to settle Fair Labor Standards Act (FLSA) claims via a Federal...more

Tucker Arensberg, P.C.

Losing Your Right to Appeal Through Silence

Tucker Arensberg, P.C. on

The Court of Appeals for the Third Circuit (Ambro, J.) issued an opinion that may have consequences far beyond the circumstances involved in the case.  The underlying dispute was a breach of contract claim which the parties...more

Knobbe Martens

Endo Pharmaceuticals Solutions v. Custopharm Inc.

Knobbe Martens on

Federal Circuit Summary - Before Moore, Linn, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: A prior art reference does not inherently disclose the elements of a claim...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Pro Rata Distribution of Assets in Receiver Case

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case involving the repercussions of the multi-billion dollar Ponzi scheme of Thomas Petters related to the management of the Stewardship Credit Arbitrage Fund, LLC...more

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