Searching Content indexed under Sovereign Immunity: Public Sector Government by McDermott Will & Emery ordered by Published Date Descending.
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Process Improvements Not A Basis To Establish Scienter: District Court Grants Summary Judgment To Defendants
In a January 10, 2019, decision, the US District Court for the District of Arizona granted summary judgment to Defendants because Relators failed to raise a genuine issue of material fact on the issue of "knowledge" ...
United States
25 Jan 2019
Tribal Immunity Does Not Apply To IPR Proceedings
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) finding that tribal immunity does not apply to inter partes review (IPR) proceedings.
United States
4 Sep 2018
Tribal Sovereign Immunity Does Not Apply To IPR
In a matter of first impression, the Patent and Trial Appeal Board (PTAB) denied a Native American tribe's motion to terminate a finding that tribal sovereign immunity does not apply to inter partes review (IPR) ...
United States
6 Apr 2018
Sovereign Immunity Cannot Protect Patent Co-Owned By Private Party
The remaining three inventors assigned their rights to Toyota. Accordingly, the patent is co-owned by Toyota and the Regents.
United States
7 Sep 2017
Driving Demand: Causal Nexus Between Infringing Features, Accused Sales Required To Prove Irreparable Harm
The US Court of Appeals for the Federal Circuit clarified that the causal nexus necessary to prove irreparable harm in a multi-purchaser, multi-component setting does not require proof that the infringing feature...
United States
31 Aug 2017
Sovereign Immunity Can Shield State University Research Foundations In PTAB Proceedings
Addressing the application of the sovereign immunity defense under the 11th Amendment in the inter partes review (IPR) context, the Patent Trial and Appeal Board (PTAB) dismissed three IPR petitions.
United States
13 Mar 2017
All, Substantially All or Nothing: The Federal Circuit Emphasizes Restrictions on the Right to Exclude
In a recent appeal, the U.S. Court of Appeals for the Federal Court vacated an International Trade Commission (ITC) decision and reiterated that a trademark owner may exclude imports of its own goods into the United States, including those goods manufactured in the United States by the trademark owner exclusively for sale abroad.
United States
8 May 2006
Change In Regulation May Facilitate Fundraising By Trade Association PACS
Fundraising for trade association political action committees ("PACs") has become easier.
United States
18 Aug 2005
A General Counsel’s Guide to Avoiding the Healthcare Antitrust Minefield
In July 2004, following several months of hearings, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice jointly issued a report—entitled "Improving Health Care: A Dose of Competition" (the Report)—that addressed two basic questions.
United States
3 Mar 2005
Sanctions Lifted Against Libya, Imposed Against Syria And Enforced Against Bobby Fischer: What’s Going on?
The two primary U.S. agencies charged with administering and enforcing U.S. sanctions and export control policies are the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS).
United States
9 Sep 2004
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