Legal Dive

FEBRUARY 3, 2025

Legal experts predict litigation may lead to the overturning of a 1935 U.S. Supreme Court ruling that protects members of independent government boards from being removed by the president at will.

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IP Watchdog

AUGUST 3, 2021

Followers of European trademark developments will be familiar with the Sky v SkyKick litigation, in which the UK courts and the Court of Justice of the EU have addressed questions concerning trademark invalidity (see IPWatchdog report here).

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Court Rules Litigation 124

Insurance Journal

DECEMBER 12, 2024

COLUMBUS, Ohio (AP) The Ohio Supreme Court ruled last Tuesday that the state’s product liability law prohibits counties from bringing public nuisance claims against national pharmaceutical chains as they did as part of national opioid litigation, a decision that …

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Pharmaceuticals Court Rules Litigation 98

E-Discovery LLC

APRIL 16, 2025

In Thompson II , certain defendants failed fully to produce emails after the Court ruled that they were discoverable. The Court entered one that would conditionally preclude defendants from calling certain witnesses unless they could demonstrate that the witness had not sent or received responsive emails. Emphasis added].

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Discovery Litigation Witnesses Objections 130

E-Discovery LLC

MARCH 13, 2025

However: A court should generally deny a stay of discovery if discovery is needed in defense of the motion, or if resolution of the motion will not dispose of the entire case. The Federal Rules impose preservation and retention obligations , which are often accomplished with litigation holds and the like.

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Discovery Advocate

JUNE 7, 2023

In re Pork Antitrust Litig. , 31, 2022) Practical Insight Reliance on an employee’s general statement that they do not use text messages for work-related matters may not be sufficient to rule out their device as a potential source of discoverable data. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

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Discovery Advocate

JUNE 8, 2023

In re Pork Antitrust Litig. , 31, 2022) Practical Insight Reliance on an employee’s general statement that they do not use text messages for work-related matters may not be sufficient to rule out their device as a potential source of discoverable data. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

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Subpoenas Discovery Litigation Court Rules 130

MyCase

OCTOBER 20, 2022

When it comes to litigation, missing a deadline isn’t an option, and with so many shifting statutory and court rules to adhere to, that can be difficult to manage. A rules-based calendaring system not only houses your calendar and upcoming deadlines but also syncs with any rules you set, including a specific court’s rules.

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Court Rules Litigation 98

Insurance Journal

JULY 26, 2024

A bill (SB2979) amending Illinois’ Biometric Information and Privacy Act (“BIPA”), passed by both houses of the legislature on May 16 and now on Governor Pritzker’s desk, effectively overturns a recent Illinois Supreme Court ruling that could have had a …

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Court Rules Litigation 110

IP Watchdog

AUGUST 5, 2022

which affirmed rulings from the District of Delaware that A. The appellate court ruled that the district court’s construction of a contested limitation within claim 1 was supported by the patent’s specification. Bradford White Corp.

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Construction Court Rules Litigation 128

IP Watchdog

MAY 18, 2023

The Supreme Court ruled today in Andy Warhol Foundation v. Court of Appeals for the Second Circuit was correct in holding that the Andy Warhol Foundation's (AWF's) licensing of an orange silkscreen portrait of the musician Prince, created by Andy Warhol using photographer Lynn Goldsmith’s photo, was not fair. that the U.S.

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Court Rules Litigation 124

Expert Witness Blog

MAY 15, 2024

Summary: Construction Expert Witness testimony excluded because the court ruled that the expert cannot state that the Chinese drywall caused the plaintiffs’ injuries Facts: This case ( Fozard et al v. The court ruled that Ehrsam cannot state that the Chinese drywall caused the plaintiff’s injuries.

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IP Watchdog

APRIL 15, 2023

On Wednesday, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a district court’s dismissal of a Florida vape company’s patent lawsuit against tobacco company Phillip Morris. HCM alleged that Phillip Morris infringed on its patent for an electronic pipe, U.S. 10,561,170.

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Court Rules Litigation Technology 122

IP Watchdog

JUNE 13, 2024

Court of Appeals for the Federal Circuit (CAFC), on June 11, 2024, affirmed-in-part and reversed-in-part a U.S. district court ruling surrounding an alleged trade secret misappropriation.

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Court Rules Litigation 105

IP Watchdog

NOVEMBER 22, 2021

In the petition, Olive requests that the Supreme Court simply grant certiorari, vacate the lower decision and remand for reconsideration of the issues in light of the Court’s decision this summer in Cedar Point Nursery v. Hassid, which was issued just a few days after the Texas Supreme Court ruled against Olive.

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Court Rules Litigation 119

IP Watchdog

APRIL 21, 2022

Supreme Court rulings on collateral estoppel doctrine. Trans Ova Genetics, L.C. 2018), arguing that preclusive effect cannot be given to invalidity determinations issued by the Patent Trial and Appeal Board (PTAB) because XY conflicts with U.S.

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Court Rules Litigation 119

IP Watchdog

MARCH 14, 2023

The United States Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling Monday that vacated and remanded a district court ruling on patent infringement in a case between Amazon and AlterWAN.

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Construction Court Rules Technology Litigation 122

WA Bar News

JULY 10, 2024

This article discusses Washington state’s initial, constitutionally flawed effort to protect public speech, its enactment in 2021 of the Uniform Public Expression Protection Act (UPEPA), process under the UPEPA, and several recent Washington appellate court decisions applying the UPEPA. Expression Prot. Act prefatory note intro.,

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E-Discovery LLC

APRIL 2, 2025

Many (like me) agree with Kelly Twigger that: An ESI protocol is your roadmap to handling ESI issues in any litigation. Litigation exemplifies risk. 3, 2024), the court wrote that it would be in the parties interest to reach a negotiated result. Electronically Stored Information in Maryland Courts (Md. 134, 135 (S.D.N.Y.

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IP Watchdog

NOVEMBER 30, 2021

Court of Appeals for the Federal Circuit (CAFC) earlier today affirmed a district court ruling that Biogen International’s patent for a method of treating multiple sclerosis (MS) was invalid for lack of written description.

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Court Rules Pharmaceuticals Litigation 116

SW&L Attorneys Blog

JUNE 18, 2024

From navigating convoluted regulatory frameworks to managing extensive discovery processes, the reality of litigation can overwhelm even the most prepared enterprises. If you have any questions about setting up an entity or need a litigator for your entity, our team at SW&L Attorneys can help guide you through the process.

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Litigation Admissibility Court Rules Discovery 95

IP Watchdog

APRIL 7, 2023

VLSI argued that a previous March 2021 district court ruling that found Intel had not proven invalidity of claims 14, 17, 18, and 24 of the patent precluded the tech firm from continuing to pursue this IPR. However, Intel successfully made the case that claim preclusion does not apply thanks to the America Invents Act (AIA).

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Court Rules Litigation 126

IP Watchdog

MARCH 16, 2022

Court of Appeals for the Federal Circuit today denied rehearing and rehearing en banc to Biogen International, which had petitioned the court following a November decision affirming a district court ruling that Biogen’s patent for a method of treating multiple sclerosis (MS) was invalid for lack of written description.

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Court Rules Litigation 116

IP Watchdog

NOVEMBER 17, 2021

Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves. Supreme Court ruled on a landmark fair use case involving the “copying” of an Application Programming Interface (API). Earlier this year, for example, the U.S.

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Court Rules Technology Litigation 116

Attorney at Work

JUNE 22, 2022

QUESTION: I’ve represented an individual client for almost 20 years in various transactional and litigation matters. In addition, rules of procedure in litigation sometimes provide that minors or persons with diminished capacity must be represented by a guardian or next friend if they do not have a general guardian.

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Objections Litigation Court Rules 256

Insurance Journal

DECEMBER 2, 2024

The province of British Columbia can bring a class action lawsuit against pharmaceutical companies for opioid harms on behalf of multiple governments across Canada, the country’s Supreme Court ruled on Friday. In 2018, BC sued more than 40 drug manufacturers, …

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Pharmaceuticals Manufacturing Court Rules Litigation 92

IP Watchdog

SEPTEMBER 9, 2022

Inventor Gilbert Hyatt, who has been embroiled in litigation with the United States Patent and Trademark Office (USPTO) for decades, lost his latest case at the U.S. Court of Appeals for the Federal Circuit (CAFC) when the court ruled today that an examiner’s restriction requirement was permitted under 37 C.F.R.

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Court Rules Litigation 69

Expert Witness Blog

MAY 27, 2024

Overview: ERISA Expert Witness testimony allowed because the court ruled that the expert was qualified because she is a pensions lawyer who has represented plan sponsors, plan administrators, and service providers. Facts: This case ( Zavislak v.

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Witnesses Litigation Court Rules 52

Complex Discovery

JULY 12, 2024

Supreme Court to protect its corporate records from disclosure, citing a lower court ruling that challenges the sanctity of attorney-client privilege. Circuit Court of Appeals’ February decision that deemed AbbVie’s patent litigation against Perrigo a “sham.” has petitioned the U.S.

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Pharmaceuticals Settlement Negotiations Litigation Mediation 110

E-Discovery LLC

MARCH 26, 2025

However, this one requested, in the courts words, an electronic forensic search, including deleted files for nearly 60 itemized search terms plus their modifying iterations (e.g., would include litigate, litigation, litigating, etc.).

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Percipient

APRIL 22, 2023

If the subpoena issued is in federal litigation, your company is likely responsible for the cost of compliance, especially if it has a connection to the litigation. 23, 2015) the court observed that responding parties presumptively bear the expense of complying with discovery requests unless the expense is “significant.”

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Subpoenas Discovery Litigation Court Rules 97

IP Watchdog

AUGUST 11, 2022

Supreme Court, which vacated the 2020 ruling and returned it to the CAFC for further consideration of the Justices’ determination that the doctrine of assignor estoppel comes with certain limits.

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Court Rules Litigation 116

E-Discovery LLC

MARCH 6, 2025

Passenger Sexual Assault Litigation , 2025 WL 678543 (Mar. 3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. While production issues concerning hyperlinked or modern attachments have been extensively litigated, in this blog I discuss some related evidentiary issues.

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Technology Discovery Evidence Litigation 130

E-Discovery LLC

FEBRUARY 17, 2025

It is also not acceptable to attack the judge making the ruling or try to interfere with the independence of the court. In response to the attacks, the ABA wrote: These statements attack the legitimacy of judicial oversight just because a courts ruling is not what the administration wants in a particular case.

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Discovery Precedent Court Rules Litigation 162

IP Watchdog

JANUARY 30, 2024

Supreme Court to appeal a Federal Circuit ruling that affirmed induced infringement findings against Liquidia following the patent at issue being invalidated at the Patent Trial and Appeal Board (PTAB).

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Court Rules Litigation Technology 59

IP Watchdog

AUGUST 19, 2021

Court of Appeals for the Federal Circuit issued a precedential decision in Hyatt v. Hirshfeld (Hyatt II), the latest in a line of court rulings regarding a series of much maligned patent applications filed by prolific inventor Gil Hyatt with the U.S. On August 18, the U.S. Patent and Trademark Office (USPTO) in the 1990s.

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Witnesses Court Rules Evidence Litigation 94

Securities Docket

AUGUST 15, 2024

Five law firms should receive $267 million in legal fees for obtaining a $1 billion settlement for shareholders of Dell Technologies (DELL.N), the Delaware Supreme Court ruled on Wednesday, rejecting arguments that the payment was a windfall. shareholder litigation. The fee is one of the largest ever for U.S.

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Court Rules Litigation Technology 52