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  • Article

    ITC Ruling Requires Heightened Pleading Requirements For Domestic Industry "In The Process Of Being Established"

    The U.S. International Trade Commission ("ITC") recently held that conclusory allegations in a Section 337 complaint that a domestic industry is "in the process of being established" are insufficient.1 This appears to be the first time that the Commission has expressly found such insufficiency under 19 C.F.R. § 210.12(a)(6)(i) and practitioners should be aware.
    United StatesLitigation, Mediation & Arbitration
    Duane Morris LLP
    Duane Morris LLP
  • Article

    SCOTUS Strikes Down Law Abrogating Sovereign Immunity To States For Copyright Infringement

    On March 23, 2020, the Supreme Court of the United States issued a decision in Allen v. Cooper, the closely-watched case testing the constitutionality of the Copyright Remedy Clarification Act of 1990
    United StatesIntellectual Property
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
  • Article

    Submarine Manufacturer Successfully Dives Into Federal Waters With Effective Removal Of Asbestos Case In The First Circuit

    Recently, in Moore v. Elec. Boat Corp., No. 21-1566, 2022 WL 278535 (1st Cir. Jan. 31, 2022), a government contractor-defendant successfully appealed remand based on 28 U.S.C.
    United StatesConsumer Protection
    Husch Blackwell LLP
    Husch Blackwell LLP
  • Article

    Sovereign Wealth Fund Not Immune From U.S. Securities Fraud Suit

    A U.S. court has ruled that a sovereign wealth fund is subject to U.S. securities fraud claims when U.S. investors rely on misrepresentations by the fund.
    United StatesCorporate/Commercial Law
    Torys
    Torys
  • Article

    Texas Law And Section 271 Contractual Waiver's Of Governmental Immunity To Suit

    Under Texas law, school districts are generally immune from suit and liability unless the legislature expressly waives governmental immunity.
    United StatesGovernment, Public Sector
    Freeman Law
    Freeman Law
  • Article

    AT&T v. Microsoft And The Extraterritorial Reach Of U.S. Patent Law

    The Supreme Court on October 27, 2006 agreed to review a case that may greatly extend the extraterritorial reach of U.S. patent law. The dispute between AT&T and Microsoft centers on products made outside the U.S. in part with technology patented in the U.S.
    United StatesIntellectual Property
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Federal Circuit Confirms That State Sovereign Immunity, Like Tribal Immunity, Cannot Shield Patents From AIA Patent Challenges

    On June 14 the Federal Circuit further clarified that sovereign immunity cannot be used to shield a patent from having its validity challenged in inter partes review proceedings at the Patent Trial
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Federal Circuit Reaffirms Rule that Patent Raises Rebuttable Presumption of Market Power

    The Federal Circuit recently reaffirmed the unique – most would say antiquated – rule that possession of a patent raises a rebuttable presumption of market power in a tying case under Sherman Act § 1. Independent Ink, Inc. v. Illinois Tool Works, Inc., No. 04-1196, 2005 U.S. App. LEXIS 1205 (Fed. Cir. 1/25/2005)
    United StatesIntellectual Property
    Morrison Foerster
    Morrison Foerster
  • Article

    States Cannot Claim Sovereign Immunity to Shield Their Patents From IPR

    In a precedential decision, issued June 14, 2019, the Federal Circuit affirmed the PTAB's ruling against the University of Minnesota, declining to dismiss petitions for inter partes review.
    United StatesIntellectual Property
    Jones Day
    Jones Day
  • Article

    The Bio/Pharma Beat - October 2019

    The appellants filed this patent infringement suit in the Western District of Texas. The district court found improper venue, and transferred the case to Delaware.
    United StatesIntellectual Property
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    Tribal Sovereign Immunity Alone Cannot Protect Patents From IPR

    In late March, the Federal Circuit issued an order staying the PTAB proceedings concerning numerous related IPRs of patents issued to Allergan, Inc. ("Allergan") ...
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Implications Of The Argentina Debt Litigation For Foreign Sovereign Immunity

    Foreign sovereigns have long assumed that the Foreign Sovereign Immunities Act provides them with substantial protection against litigants in U.S. courts.
    United StatesLitigation, Mediation & Arbitration
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Native American Heritage Month: An Issue Of Race And Sovereignty

    November is Native American Heritage Month. Although the calendar page has turned, it is perhaps, even more important to remember its significance.
    United StatesLitigation, Mediation & Arbitration
    Lincoln Derr PLLC
    Lincoln Derr PLLC
  • Article

    "No Concrete Harm, No Standing" - The U.S. Supreme Court Clarifies Standing

    The U.S. Supreme Court held that all members of a certified class must demonstrate that they suffered a concrete harm—such as physical injury or monetary loss—to have Article III standing to recover damages in federal court.
    United StatesLitigation, Mediation & Arbitration
    Akin
    Akin
  • Article

    PTAB Invites Amicus Input On Sovereign Immunity Dispute

    Previously I explained that the 7th amendment argument in Oil States and the 11th amendment argument for sovereign immunity from the PTAB are both tied to the same basic, threshold premise ...
    United StatesLitigation, Mediation & Arbitration
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Supreme Court Hears Oral Argument In Cases Involving Stays Pending Appeals Of Orders Denying Motions To Compel Arbitration

    This morning we attended the Supreme Court's oral arguments in Coinbase, Inc. v. Bielski. The issue presented in Coinbase is a procedural one, but of tremendous practical importance...
    United StatesLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    Will The Ex Parte Young Doctrine Swallow Tribal Sovereign Immunity Whole?

    Last Friday, the United States Court of Appeals for the D.C. Circuit rendered an opinion in Vann v. Dept. of Interior which threatens to eviscerate a central principal of Indian law – that Indian tribes enjoy sovereign immunity from suit – with a holding that, under the Ex parte Young doctrine, a plaintiff may proceed against Cherokee tribal officials without the consent of the Cherokee Nation.
    United StatesLitigation, Mediation & Arbitration
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Streamlining Federal Security Programs: How Customs Bundles Them Together

    Now that you've had a three-month dose of security program substance, it's time to take a look at how the Bureau of Customs and Border Patrol (CBP or, here, Customs) plans to implement the CT-PAT program, the Container Security Initiative, the 24-Hour Advance Vessel Manifest Rule, and related concepts. Briefly, the feds will use hi-tech data exchange and storage systems implemented by newly formed Customs sub-departments, and reconstitute interrelated functions performed by Department of
    United StatesStrategy
    Betts Patterson Mines
    Betts Patterson Mines
  • Article

    The Container Security Initiative: Pushing out the Front Lines in the War on Terrorism

    The war on terrorism is just that: a war in every sense but the most traditional. Foreign invaders are trying to besiege and conquer us, to take what's rightfully ours, to attack us right here in our homeland. We want to keep them out. To do so, we are designing and putting up barricades, technological fortifications to defend ourselves.
    United StatesStrategy
    Betts Patterson Mines
    Betts Patterson Mines
  • Article

    New "Draft" Drone Rulemakings Released During Government Shutdown—Remote Id Still Priority #1

    During the Transportation Research Board's annual meeting in Washington, D.C., Secretary of Transportation Elaine Chao announced the initiation of two long-awaited rulemakings related to the operation of small UAS:
    United StatesTransport
    Akin
    Akin
  • Showing 221–240 of 535 results

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