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370 results found

Article

Marshall Gerstein & Borun LLP | USA | 25 Jun 2018

PTAB Failed to Properly Apply Incorporation by Reference Doctrine

In Paice LLC, The Abell Foundation, Inc., v. Ford Motor Company, Appeal No. 2017-1406 (Fed. Cir. Feb. 1, 2018), the Federal Circuit reversed a PTAB

Article

Rothwell, Figg, Ernst & Manbeck, PC | USA | 30 May 2018

Ignore PTAB Precedent At Your Peril

Given the popularity of AIA post-grant proceedings, many patent litigators have been newly drawn into proceedings before the Patent Trial and Appeal

Article

Jones Day | USA | 13 Apr 2017

Marblegate: Second Circuit Reverses Broad Interpretation of Trust Indenture Act in Out-of-Court Restructurings

In a highly anticipated decision, a divided panel of the U.S. Court of Appeals for the Second Circuit ruled in Marblegate Asset Mgmt., LLC v. Educ

Article

Riker Danzig Scherer Hyland & Perretti LLP | USA | 2 Aug 2016

Second Circuit Holds That National Banks Are Not Citizens of States in Which They Have Their Principal Places of Business for Diversity Purposes

The United States Court of Appeals for the Second Circuit recently held that, for purposes of diversity jurisdiction, a national bank is only a

Article

Proskauer Rose LLP | USA | 28 Jul 2016

District Court Finds Forum Selection Clause Unenforceable in ERISA Action

A federal district court in Illinois ruled that a plan’s forum selection was unenforceable because it conflicts with ERISA’s public policy of

Article

Pepper Hamilton LLP | USA | 9 Jul 2016

Status Quo At The PTAB For Now: Supreme Court makes no changes to IPR Practice

Last week, the Supreme Court declined to make any changes to IPR procedure in its opinion in Cuozzo Speed Technologies, LLC v. Lee, 579 U.S. ___

Article

Schulte Roth & Zabel LLP | USA | 30 Jun 2014

Fifth Circuit affirms bankruptcy court’s reasonableness review of oversecured lender’s legal fees in non-judicial foreclosure sale

The U.S. Court of Appeals for the Fifth Circuit held on June 23, 2014 that an oversecured lender's legal fees were subject to the bankruptcy court's

Article

Squire Patton Boggs | USA | 15 Nov 2011

Preemption of state law "fraud-on-the-FDA" exception finds its way back to the Sixth Circuit

The issue of whether a state law “fraud-on-the-FDA” claim is preempted by federal law will find its way back to the Sixth Circuit in the matter of Tiefenthal v. Genentech, Inc. et seq., in which the plaintiff seeks review of a decision from the District Court for the Western District of Michigan holding that the “fraud-on-the-FDA” exception to the immunity afforded pharmaceutical manufacturers under Michigan’s products liability statute (Mich. Comp. Laws 600.2946) is impliedly preempted by the Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq.

Article

Stoel Rives LLP | USA | 28 Sep 2011

Ninth Circuit: "re-registration" of domain name registered before trademark was adopted cannot support claim under Anti-cybersquatting Consumer Protection Act

A new decision by the Ninth Circuit Court of Appeals highlights the risks brand owners face when adopting a new trademark that also happens to correspond to an Internet domain name already registered to someone else.

Article

Kramer Levin Naftalis & Frankel LLP | USA | 30 Aug 2011

Seventh Circuit: failure to file proof of claim does not foreclose your rights

The failure to timely file a proof of claim can have significant ramifications on a creditor’s right.

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