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Frost Brown Todd LLP | USA | 28 Jul 2023
Aftershocks: Where Do Businesses Go After ‘Mallory’?
Businesses operating in multiple states should take heed of the U.S. Supreme Court’s recent opinion in Mallory v. Norfolk Southern Railway Co. In…
Epstein Becker Green | USA | 11 Mar 2019
Can Employers Now Thwart Forum Shopping by Plantiffs in FLSA Class & Collective Actions?
The U. S. Supreme Court established limitations on personal jurisdiction over non-resident corporate defendants in state court “mass” actions in…
Clyde & Co LLP | European Union, United Kingdom, USA | 28 Feb 2019
Aviation Newsletter - February 2019
In aviation disasters, it is not uncommon for claims to be commenced by foreign parties in US courts. This strategic decision is influenced by the…
Reed Smith LLP | USA | 15 Feb 2019
Game-Changing Opinion on Venue from Missouri Supreme Court
Bexis is known to say that nothing good ever comes out of Missouri, but the Missouri Supreme Court has proven him wrong. We have long made exceptions…
Brodies LLP | United Kingdom | 14 Jan 2019
Villiers case goes to Supreme Court
The different approaches adopted by judges north and south of the border to the thorny issue of how much maintenance a spouse (usually but not…
Cooley LLP | USA | 20 Dec 2018
Delaware Chancery invalidates exclusive federal forum provisions
In March 2018, in Cyan Inc. v. Beaver County Employees Retirement Fund, SCOTUS held that state courts continue to have concurrent jurisdiction over…
Winston & Strawn LLP | USA | 20 Dec 2018
Arista Networks, Inc. v. Cisco Systems, Inc., Nos. 2017-1525, and 2017-1577 (Fed. Cir. Nov. 9, 2018)
While employed by the patent owner, an employee invented the subject matter of the patent-at-issue, and assigned the rights to that invention to the…
Dechert LLP | USA | 18 Dec 2018
Issue of First Impression - You Can’t Redirect Remand
You can waive remand. That's Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998). But, if you agree to remand, you're going back…
Venable LLP | USA | 17 Dec 2018
Federal Circuit holds that assignor estoppel not available in inter partes reviews
The Federal Circuit recently held that the assignor estoppel is not available in inter partes review proceedings. Assignor estoppel is a common law doctrine which prevents a party that assigns a patent to another party from later challenging the validity of the assigned patent. In a decision by Chief Judge Prost (joined by Judges Schall and Chen) the Federal Circuit held that the assignor......
Ropes & Gray LLP | USA | 15 Nov 2018
Equitable Defenses at the PTAB
The doctrine of assignor estoppel bars the assignor of a patent from challenging the validity of the patent after it is assigned. In considering this…
