Searching Content indexed under Litigation, Mediation & Arbitration by John Low, Ph.D. ordered by Published Date Descending.
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Lawyer Disqualifications For Conflict Of Interest Result In Rebuke
The US Court of Appeals affirmed a disqualification of the plaintiff's counsel, finding that the plaintiff failed to rebut a presumption that those lawyers received the defendant's confidential information.
United States
2 Nov 2016
BPCIA 180-Day Notice Of Intent To Market A Biosimilar Is Required, Enforceable By Injunction
Apotex filed an application for an FDA license to market a biosimilar product, invoking the BPCIA's abbreviated pathway for regulatory approval of follow-on biological products that are "highly similar"...
United States
1 Sep 2016
Claim Terms With No Specialized Meaning In The Art Always Linked To Specification
The Court also found that the claims were not otherwise identical in scope—a prerequisite for applying the doctrine of claim differentiation.
United States
29 Jul 2016
Intrinsic Feature In All Described Embodiments Makes Claim Insurmountable **WEB ONLY**
The patent owner sued manufactures and sellers of tablet computer devices for infringement of patent claims directed to a mountable digital picture frame for displaying digital images.
United States
1 Jul 2016
Patent Specification Trumps Claim Construction Canon In High-Stakes Reversal
At trial, a jury found that Google infringed four asserted claims of a patent directed to a system and method for data communication connecting online networks with online and offline computers.
United States
1 Jun 2016
"Plain And Ordinary Meaning" Must Be Tethered To Invention Described In Specification
The Court reiterated that the ordinary meaning of a claim term is its ordinary meaning to the ordinary artisan after reading the entire patent.
United States
1 Apr 2016
Filing Serial Lawsuits For Nuisance Settlements May Be "Exceptional" If Improper Intent Established
The plaintiff, SFA Systems (SFA), sued various defendants for patent infringement in a series of cases filed in the U.S. District Court for the Eastern District of Texas, including the defendant, Newegg.
United States
1 Sep 2015
Notice Of An Order Intending Final Judgment, Even If Erroneous, Triggers Appeal
The plaintiff, Two-Way Media (TWM), sued various AT&T defendants (AT&T) for patent infringement.
United States
7 May 2015
Contempt Charge Vacated Based On Valid Assertion Of Attorney Client Privilege
Finding that a district court had not provided procedural due process to an attorney for a sanctioned party, and that the district court abused its discretion in imposing sanctions for civil contempt against the attorney.
United States
11 Mar 2015
Duty To Defend Only Triggered Where Subject Activities Are Specified In The Policy
At the district court, the insurance company, Nationwide, sought a declaratory judgment of no duty to defend after corporate policy holders, Gum Tree and Southern Group, were sued by a competitor...
United States
11 Mar 2015
Unanimous Supreme Court: "Exceptional" Patent Cases Determined At District Court’s Discretion With Appellate Review Only For Abuse
The Supreme Court held that the prior standard used for determining whether a case is "exceptional" pursuant to 35 U.S.C. § 285 was unduly restrictive.
United States
7 May 2014
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