News & Analysis as of

Ex Parte

Baker Botts L.L.P.

Intellectual Property Report - October 2024

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In 2023, global investments in energy transition projects surged to approximately $1.7 trillion. This unprecedented investment level underscores the transformative shift toward cleaner energy sources and technologies....more

Walkers

Enforcement of foreign arbitral awards by the Grand Court of the Cayman Islands

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The circumstances in which an unsuccessful party in arbitration may resist enforcement of an award in the Cayman Islands are limited in number and narrow in scope. The judiciary are alive to the risk that parties may run...more

Knobbe Martens

Federal Circuit Review | July 2024

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In Natera, Inc v. Neogenomics Laboratories, Inc., Appeal No. 24-1324 the Federal Circuit held that  preliminary injunction may be valid if a substantial question of invalidity was not raised, even if the asserted patent is...more

Womble Bond Dickinson

Trademark Insights: What the First Precedential TTAB Expungement Decision Means for You

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As a trademark applicant, encountering a prior registration that obstructs your path to registration is never a pleasant experience (nor for your attorneys who have to inform you about it). The frustration only intensifies...more

Fish & Richardson

Ex Parte Seizures Under the DTSA: A Drastic Trade Secret Remedy

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Here, we look at the Defend Trade Secrets Act (DTSA)’s provision of injunctive relief. Specifically, the DTSA allows trade secret plaintiffs to request a unique remedy — an ex parte seizure of the defendant’s property....more

Ius Laboris

Can Victims of Sexual Harassment Choose to Stay Anonymous?

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A recent decision in the Hong Kong District Court sets out the legal principles to be applied in the granting of Anonymity Orders in sexual harassment cases....more

McDermott Will & Emery

For Statutory Equivalents, Even One Means May Be Enough

A US Patent & Trademark Office (PTO) appeals review panel decided that a means-plus-function (M+F) claim element supported by the disclosure of only a single species is not invalid for indefiniteness or lack of written...more

Sheppard Mullin Richter & Hampton LLP

How to Recover Attorneys’ Fees in a Schedule A Trademark Case in the Northern District of Illinois

In recent years, a substantial number of “Schedule A” trademark infringement cases have been filed in the Northern District of Illinois. In such a case, the trademark owner may file a trademark infringement complaint against...more

Akin Gump Strauss Hauer & Feld LLP

Noninfringement Defense Based on Prior Commercial Use Under 35 U.S.C. § 273 Must Be Timely and Expressly Pleaded

The district court in a patent infringement case granted plaintiff’s ex parte request to strike defendant’s prior use defense under 35 U.S.C. § 273. Because defendant failed to plead the defense and did not raise it until...more

Walkers

Caribbean two-step? – update on Norwich Pharmacal relief against BVI registered agents

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In a recent judgment, CIF v (1) DLG and (2) GIY (BVIHCM2023/0050) the BVI Commercial Court (the Hon. Justice Gerhard Wallbank) has provided guidance on the procedure which it expects to be followed by applicants seeking a...more

Cadwalader, Wickersham & Taft LLP

Ex Parte Appointment of a Receiver Confirmed

The New York County Supreme Court recently held that in the event of foreclosure, a receiver can be appointed, regardless of necessity, when the parties have contracted for such appointment. 24 West 57 APF LLC (“Defendant”)...more

Troutman Pepper

EDVA Judge Narrows Suit Challenging Provision of Virginia Constitution Prohibiting Felons From Voting

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Virginia’s Constitution automatically disqualifies all persons convicted of any felony from voting unless their civil rights are restored by the Governor. See Va. Const. art. II, § 1. In a recent case, two plaintiffs...more

Conyers

How to Fail at Service Out: Misleaders Beware Jurisdiction Challenge – BVI Court Sets Aside Ex Parte Service Out Order in US$230...

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In a recent judgment, which was heavily critical of the claimant bank, the BVI Commercial Court has set aside an order obtained ex parte permitting service on non-BVI resident defendants of a fraud claim out of the...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | February 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Seyfarth Shaw LLP

Is That Really Appealing? – 2023 Affirmance Rates of the TTAB

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The one and only TTABlogger, to whom we are very much indebted, recently reviewed and analyzed the decisions concerning Section 2(d) and Section 2(e)(1) refusals that the Trademark Trial and Appeal Board issued in 2023. ...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | January 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Ballard Spahr LLP

SDNY Grants Ex Parte Applicants the Ability to Subpoena Deutsche Bank Entities as Part of Ongoing AML-Related Litigation Against...

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On December 14, 2023, the United States District Court for the Southern District of New York (the “Court”) granted an unusual ex parte application to serve third-party discovery subpoenas on U.S.-based Deutsche Bank entities....more

A&O Shearman

UPC Insights: Security for legal costs

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The UPC decides that the defendant’s financial situation and location matter. On 30 October 2023, the Munich Central Division of the UPC (the Court) issued an order stating that NanoString must provide security to Harvard...more

Arnall Golden Gregory LLP

Boot That Fake Merch: Add Ex Parte Seizure Orders to Your Repertoire

Rod Wave, like many other artists, recently obtained an ex parte seizure order from a federal court permitting the seizure and impoundment of fake merchandise infringing on his intellectual property rights in and around his...more

McDermott Will & Emery

Sorry—No Finality, No Injunction, No Appellate Jurisdiction

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The US Court of Appeals for the Third Circuit dismissed an appeal from the denial of a motion under the Defend Trade Secrets Act (DTSA) for an ex parte seizure order, explaining that such orders are not final, not effectively...more

Manatt, Phelps & Phillips, LLP

Issue Spotting Common Policy and Operational Barriers to Ex Parte Renewals: State Assessment Tool

Introduction - Many states are actively working to make changes to their systems to enable ex parte renewals at the individual level and implement mitigation strategies to ensure eligible Medicaid and Children’s Health...more

Walkers

BVI Court grants anti-suit injunction

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In what is believed to be one of the first ever such orders made in the BVI, the BVI Court has granted an urgent anti-suit injunction on American Cyanamid principles to prohibit a Maltese entity ("Malta Co") from pursuing...more

Fox Rothschild LLP

An Appellate Decision on Transgender Care Comes Without Getting to the Substance

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The October 6 decision in RSK v. DLK is non-precedential but still important because of the subject. The parties are parents of four children and have been divorced for a decade. One of those children KK was born as female...more

Knobbe Martens

Federal Circuit Review - August 2023

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IPR Petitioners Must Be Permitted to Respond to Claim Constructions First Proposed in Patent Owner Response - In Axonics, Inc. v. Medtronic, Inc., Appeal No. 22-1532, the Federal Circuit held that where a patent owner in...more

Knobbe Martens

A Terminal Disclaimer Is Not an Escape Hatch

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IN RE CELLECT, LLC - Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Obviousness-type double patenting analyses for patents with Patent Term Adjustments are based on the...more

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