WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 4 announced that it has published a new issue of the ICSID Review.
HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Nov. 4 found that it has jurisdiction over a case commenced by Panama against Italy in relation to the alleged unlawful detention of a vessel, finding that all of Panama's claims are admissible (The MV "Norstar" Case [Panama v. Italy], No. 25, ITLOS).
OAKLAND, Calif. - A federal magistrate judge in California on Nov. 3 ordered further briefing on plaintiffs' ex parte application for remand after the removing defendant's response to an order to show cause why the case did not belong in state court (John Ballard, et al. v. Ameron International Corp., et al., No. 16-6074, N.D. Calif.; 2016 U.S. Dist. LEXIS 147810).
CINCINNATI - A Michigan federal judge erred in dismissing allegations of infringement levied in connection with use of the "Bar's Leaks" trademark, a divided panel of the Sixth Circuit U.S. Court of Appeals ruled Nov. 2 (Bars Products Inc. v. Bar's Products International, No.14-1611, 6th Cir.; 2016 U.S. App. LEXIS 19991).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 4 said a hearing on jurisdiction and the merits in an international treaty arbitration brought by investors against the Republic of Estonia will begin next week (United Utilities (Tallinn) B.V., et al. v. Republic of Estonia, No. ARB/14/24, ICSID).
NEW YORK - A New York federal judge on Oct. 27 agreed with a plaintiff that counterclaims of antitrust violations and commercial disparagement by a trademark infringement defendant are ripe for dismissal (Dentsply International Inc. v. Dental Brands for Less d/b/a Dental Wholesale Direct, No. 15-8775, S.D. N.Y.; 2016 U.S. Dist. LEXIS 149139).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Oct. 26 released an interim award on jurisdiction in an arbitration commenced by investors, who allege that the Republic of Costa Rica expropriated their investment in luxury beachfront property, finding that it lacks jurisdiction to hear claims related to many of the allegedly affected lots of land (Spence International Investments et al. v. Republic of Costa Rica, No. UNCT/13/2, ICSID).
CHICAGO - Joining its sister circuits, a Seventh Circuit U.S. Court of Appeals panel on Oct. 24 held that a health plan trustee's suit against insurers to recoup amounts it paid for the beneficiaries' medical care seeks legal relief, not equitable relief, and as such is not authorized by Employee Retirement Income Security Act Section 502(a)(3) (Central States, Southeast and Southwest Areas Health and Welfare Fund, et al. v. American International Group Inc., et al., No. 15-2237, 7th Cir.; 2016 U.S. App. LEXIS 19165).
ST. LOUIS - Multidata Systems International Corp., a medical device maker that was the subject of an Oct. 20 warning by the Food and Drug Administration, has "suspended daily operations" due to the death of its founder and president, according to the company's website.
SANDTON, South Africa - A South African resource company on Oct. 20 said an international arbitrator has found that an international court of arbitration has jurisdiction over a shareholders' dispute in relation to a mining project.
ALEXANDRIA, Va. - Three petitions for inter partes review (IPR) of patents covering the immunosuppressant drug natalizumab - marketed under the brand name "Tysabri" - were denied Oct. 17 by the Patent Trial and Appeal Board (Swiss Pharma International AG v. Biogen IDEC, No. IPR2016-00912, PTAB).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 19 released its decision in a dispute over loans, ordering that a Tanzanian bank pay a U.K. bank $148.4 million under a power purchase agreement (Standard Chartered Bank v. United Republic of Tanzania, No. ARB/10/12, ICSID).
DETROIT - In a patent infringement lawsuit concerning car navigational methods, a Michigan federal judge ruled Oct. 14 that damages experts failed to present a reliable methodology for a conjoint study to assist a jury in determining what portion of Garmin International Inc.'s profits could be attributed to the incremental value that the four patented features added to the overall value of the accused devices (Visteon Global Technologies Inc. and Visteon Technologies LLC v. Garmin International Inc., No. 10-10578, E.D. Mich.; 2016 U.S. Dist. LEXIS 142395).
PHILADELPHIA - In a misappropriation of trade secrets lawsuit, a company's employee in its marketing department is unqualified due to a lack of technical knowledge to testify on issues such as "branding, trademark confusion, customer reactions, business ethics, or trademark law," a Pennsylvania federal judge ruled Oct. 12, excluding the testimony (Alpha Pro Tech Inc. v. VWR International LLC, No. 12-1615, E.D. Pa.; 2016 U.S. Dist. LEXIS 141030).
ALEXANDRIA, Va. - Allegations by several petitioners that a bi-directional communications system patent owned by Sony Corp. is invalid pursuant to 35 U.S. Code Section 103 were turned away Oct. 7 by the Patent Trial and Appeal Board (ARRIS International PLC, et al. v. Sony Corporation, No. IPR2016-00828, PTAB).
LOS ANGELES - A California appeals panel held Oct. 6 that monetary relief for extracontractual harm is legally recoverable under Section 502(a)(3) of the Employee Retirement Income Security Act, reversing a lower court's ruling that insurers have no duty to defend a managed care company against underlying lawsuits (Health Net, Inc. v. American International Specialty Lines Insurance Co., et al., No. B262716, Calif. App., 2nd Dist., Div. 3; 2016 Cal. App. Unpub. LEXIS 7296).
ATLANTA - The 11th Circuit U.S. Court of Appeals on Oct. 3 enforced in part and denied enforcement in part of an order by the National Labor Relations Board (NLRB) regarding mixed-use areas in a Mercedes-Benz plant and the distribution of union literature and ordered the NLRB to narrow the scope of its order or conduct additional fact finding regarding the other areas it addressed in its remedy but were not thoroughly considered (Mercedes-Benz U.S. International, Inc. v. National Labor Relations Board, No. 15-10291, 11th Cir.; 2016 U.S. App. LEXIS 17775).
WASHINGTON, D.C. - Two members of a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 3 released their decision to reject a third attempt by the Bolivarian Republic of Venezuela to disqualify an arbitrator, finding nothing to support a finding that he manifestly lacks the ability to be impartial in hearing the case (Fabrica De Vidrios Los Andres C.A., et al. v. Bolivarian Republic of Venezuela, No. ARB/12/21, ICSID).
WASHINGTON, D.C. - After finding no contradictory reasoning in an award that dismissed a Greek company and bank's investment-related claims against the Hellenic Republic for lack of jurisdiction, an ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on Sept. 30 released a decision in which it refused to partially annul the award (Postova banka, a.s. and Istrokapital SE v. Hellenic Republic, No. ARB/13/8, ICSID).
PITTSBURGH - A Pennsylvania federal judge on Sept. 29 granted in part and denied in part dueling motions for summary judgment filed by a glass manufacturer insured, an insurer and a reinsurer in a coverage dispute over property damage and business interruption losses arising from the insured's equipment breakdown (The Hartford Steam Boiler Inspection and Insurance Co., et al. v. International Glass Products LLC, et al., No. 08-1564, W.D. Pa.; 2016 U.S. Dist. LEXIS 135045).
NEW YORK - After finding that an international tribunal has jurisdiction over an investment dispute related to a hotel and that the U.S. District Court for the Southern District of New York was the appropriate venue for enforcement proceedings, a New York federal judge on Oct. 3 granted judgment for a Turkish investor, finding that a $11,528,563 award, including costs and interest, should be confirmed (Sistem Muhendislik Insaat Ve Ticaret, A.S. v. The Kyrgyz Republic, No. 12-CV-4502, S.D. N.Y.; 2016 U.S. Dist. LEXIS 136905).