LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Energy Firm Seeks To Vacate PCA's Dismissal Of NAFTA Claims Against Canada

WASHINGTON, D.C. - A wind energy company on June 13 filed a petition in the U.S. District Court for the District of Columbia to vacate an international arbitration award in which a tribunal of the Permanent Court of Arbitration (PCA) dismissed all claims asserted by it against Canada in relation to alleged violations of the North American Free Trade Agreement (NAFTA) (Mesa Power Group LLC v. Government of Canada, No. 16-cv-1101, D. D.C.).

Mealey's Litigation Procedure - ICSID Issues Award, Finds Dispute Over Mining Project Is Time-Barred

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 1 released its award in an arbitration commenced by a Florida company against the Dominican Republic under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), finding that the case was time-barred and that the claimant failed to satisfy the conditions of DR-CAFTA (Corona Materials LLC v. Dominican Republic, No. ARB[AF]/14/3, ICSID).

Mealey's Litigation Procedure - ICSID To Hold Merits Hearing In NAFTA Action Against Canada

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on May 10 announced that it will hold a hearing on jurisdiction and the merits in a case in which Eli Lilly & Co. assert that the government of Canada breached the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).

Mealey's IP/Tech - Patent Board Institutes Review Of Commodities Trading Patent

ALEXANDRIA, Va. - In a 46-page ruling issued April 28, the Patent Trial and Appeal Board (PTAB) indicated that it will review the patentability of an invention that claims repositioning of market information on a graphical user interface (GUI) and electronic trading (IBG LLC and Interactive Brokers LLC v. Trading Technologies International Inc., No. CBM2016-0009, PTAB).

Mealey's Labor & Employment - Federal Judge: Fact Issues Exist As To Whether Unfair Business Practices Occurred

NEW HAVEN, Conn. - A Connecticut federal judge on April 5 held that there are genuine issues of material fact as to whether an employment practices liability insurer's investigation of an unlawful discharge claim was reasonable, sufficient and/or properly conducted, allowing part of a claim that the insurer violated Connecticut Unfair Insurance Practices Act (CUIPA) and the Connecticut Unfair Trade Practices Act (CUTPA) to proceed (Teri Tucker v. American International Group Inc., et al., No. 09-1499, D. Conn.; 2016 U.S. Dist. LEXIS 46676).

Mealey's Insurance - Federal Judge: Fact Issues Exist As To Whether Unfair Business Practices Occurred

NEW HAVEN, Conn. - A Connecticut federal judge on April 5 held that there are genuine issues of material fact as to whether an employment practices liability insurer's investigation of an unlawful discharge claim was reasonable, sufficient and/or properly conducted, allowing part of a claim that the insurer violated Connecticut Unfair Insurance Practices Act (CUIPA) and the Connecticut Unfair Trade Practices Act (CUTPA) to proceed (Teri Tucker v. American International Group Inc., et al., No. 09-1499, D. Conn.; 2016 U.S. Dist. LEXIS 46676).

Mealey's Insurance - Judge Grants United States Stay Of Customs Bond Case Against Insolvent Insurer

NEW YORK - A judge for the U.S. Court of International Trade on Feb. 18 granted the federal government's motion to stay a number of cases against an insurer in liquidation, where the government seeks allegedly unpaid supplemental antidumping duties covered by bonds issued by the insolvent insurer (United States v. Lincoln General Insurance Company, Nos. 13-cv-00084, 13-cv-00085, 13-cv-00086, 13-cv-00087, 13-cv-00088, 13-cv-00089, 13-cv-00090, 13-cv-00091 and 13-cv-00092, U.S. Internat. Trade).

Mealey's IP/Tech - Citing ITC Proceedings, California Federal Judge Stays Patent Case

SAN FRANCISCO - In what he deemed a "thorny" and "somewhat rare policy dilemma," U.S. Judge Haywood S. Gilliam Jr. of the Northern District of California on Dec. 30 granted a plaintiff's request to stay its own patent infringement litigation in favor of a later-filed proceeding before the International Trade Commission (ITC) (Aliphcom d/b/a Jawbone and Bodymedia Inc. v. Fitbit Inc., No. 15-2579, N.D. Calif.; 2015 U.S. Dist. LEXIS 173078).

Mealey's IP/Tech - Federal Circuit: Consent Order Following Patent Investigation Violated

WASHINGTON, D.C. - A decision by the International Trade Commission to impose a civil penalty of $6.2 million against two patent defendants was affirmed Nov. 12 by the Federal Circuit U.S. Court of Appeals (DeLorme Publishing Company et al. v. International Trade Commission, No. 14-1572, Fed. Cir.).

Mealey's Litigation Procedure - Shareholders Have Standing To Sue In Insider Trading Lawsuit, Judge Rules

SANTA ANA, Calif. - A federal judge in California on Nov. 9 denied a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that, among other things, the lead plaintiffs have standing to sue for insider trading (Anthony Basile, et al. v. Valeant Pharmaceuticals International Inc., et al., No. 14-2004, C.D. Calif.).

Mealey's Securities/D&O Liability - Shareholders Have Standing To Sue In Insider Trading Lawsuit, Judge Rules

SANTA ANA, Calif. - A federal judge in California on Nov. 9 denied a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that, among other things, the lead plaintiffs have standing to sue for insider trading (Anthony Basile, et al. v. Valeant Pharmaceuticals International Inc., et al., No. 14-2004, C.D. Calif.).

Mealey's IP/Tech - Divided Federal Circuit: Electronic Transmissions Are Not 'Articles'

WASHINGTON, D.C. - A decision by the International Trade Commission that affirmed findings by an administrative law judge (ALJ) that digital data is an "article" covered by Section 337 of the Tariff Act of 1930 was reversed and remanded Nov. 10 by a divided Federal Circuit U.S. Court of Appeals (ClearCorrect Operating LLC and ClearCorrect Pakistan [Private] Ltd. v. International Trade Commission and Align Technology Inc., No. 14-1527, Fed. Cir.).

Mealey's Litigation Procedure - Judge Excludes Testimony In Lawsuit Against Caterpillar For Breach Of Agreement

CHICAGO - In a breach-of-agreement lawsuit, an Illinois federal judge on Nov. 1 excluded testimony regarding a clean-room design, the termination of the supply agreement and the disclosure of trade secrets to third parties (Miller UK Ltd. and Miller International Ltd. v. Caterpillar, Inc., No. 10-03770, N.D. Ill.; 2015 U.S. Dist. LEXIS 147843).

Mealey's Litigation Procedure - ICSID Issues Order On Transparency In Investment Dispute Filed Against Guinea

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes on Oct. 12 released an order in which it found that the United Nations Commission on International Trade Law (UNCITRAL) Rules on Transparency will apply to an arbitration commenced by a Guernsey mining company against the Republic of Guinea, with the exception of certain amendments (BSG Resources Limited v. Republic of Guinea, No. ARB/14/22, ICSID).

Mealey's IP/Tech - Judgment On The Pleadings Denied In Tennessee Trade Dress Case

MEMPHIS, Tenn. - A Lanham Act dispute over cable ties with an oval-head design will proceed in Tennessee federal court, a federal judge ruled Oct. 13 (Thomas & Betts International LLC, et al. v. Burndy LLC, No. 14-2296, W.D. Tenn.).

Mealey's Litigation Procedure - Investor States Sign UNCITRAL Convention On Transparency In Arbitration

VIENNA, Austria - The United Nations Commission on International Trade Law (UNCITRAL) on Oct. 6 announced that the Republic of Congo, Gabon and Madagascar have signed the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (Mauritius Convention on Transparency).

Mealey's IP/Tech - En Banc Federal Circuit: Commission's Interpretation Of Section 337 Is Reasonable

WASHINGTON, D.C. - The International Trade Commission did not err in interpreting Section 337 of the Tariff Act, which declares the importation of infringing products unlawful, as inclusive of goods that, after importation, are used by an importer to directly infringe at the inducement of the goods' seller, a divided, en banc Federal Circuit U.S. Court of Appeals ruled Aug. 10 (Suprema Inc. and Mentalix Inc. v. International Trade Commission and Cross Match Technologies Inc., No. 12-1170, Fed. Cir.; 2015 U.S. App. LEXIS 13929).

Mealey's Litigation Procedure - PCA Holds UNCITRAL Arbitration Hearing In Costa Rican Court

SAN JOSE, Costa Rica - The Permanent Court of Arbitration (PCA) on July 9 announced that it held a hearing in Costa Rica in an arbitration filed under the United Nations Commission on International Trade Law (UNCITRAL) rules (Consorcio John W. McDougall Company Inc. y Dredge & Marine Corporation [U.S.A.] and El Instituto Costarricense de Electricidad - ICE [Costa Rica], PCA).

Mealey's IP/Tech - Federal Circuit: Domestic Inquiry Analysis By ITC Was Erroneous

WASHINGTON, D.C. - A determination by the U.S. International Trade Commission (ITC), made in the context of assessing underlying patent infringement allegations, that the domestic industry requirements of 19 U.S. Code Section 337 can be satisfied by qualitative factors alone was reversed May 11 by the Federal Circuit U.S. Court of Appeals (Lelo Inc., et al. v. International Trade Commission, et al., No. 13-1582, Fed. Cir.; 2015 U.S. App. LEXIS 7708).

Mealey's IP/Tech - Trademark Dispute Between New Balance, Converse Stayed

BOSTON - A Massachusetts federal judge on Feb. 18 granted a motion to stay by declaratory judgment defendant Converse Inc., pending resolution of a related action before the International Trade Commission (ITC) (New Balance Athletic Shoe Inc. v. Converse Inc., No. 14-14715, D. Mass.; 2015 U.S. Dist. LEXIS 19244).

Mealey's IP/Tech - Federal Circuit Affirms: Tariff Act Not Violated

WASHINGTON, D.C. - A final determination by the U.S. International Trade Commission (ITC) that five patents relating to code division multiple access (CDMA) networks were not infringed or invalid was proper, the Federal Circuit U.S. Court of Appeals ruled Feb. 18 (InterDigital Communications Inc. v. United States International Trade Commission, No. 14-1176, Fed. Cir.).

Mealey's IP/Tech - Illinois Federal Judge: Patent Case Qualifies As Exceptional

CHICAGO - Although denying a request by declaratory judgment patent plaintiff Chicago Board Options Exchange Inc. (CBOE) for reimbursement of fees it incurred with various expert witnesses, an Illinois federal judge on Dec. 10 awarded CBOE its attorney fees after finding that the dispute over CBOE's screen-based trading system "CBOEdirect" became "exceptional" following a May 2012 ruling by the Federal Circuit U.S. Court of Appeals (Chicago Board Options Exchange Inc. v. International Securities Exchange LLC, No. 07-623, N.D. Ill.; 2014 U.S. Dist. LEXIS 170651).

Mealey's Insurance - Judge: Insured's Claims Of Wrongful Investigation, Denial Of Coverage Fail

MCALLEN, Texas - Allegations that an insurer wrongly investigated or denied a claim for hailstorm damage fail, a Texas federal judge held Dec. 9, granting summary judgment to the insurer on claims for breach of contract, Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) violations, unfair insurance practices and breach of the duty of good faith and fair dealing (Carlos Alaniz v. Sirius International Insurance Corp., No. 14-215, S.D. Texas; 2014 U.S. Dist. LEXIS 169908).

Mealey's IP/Tech - Federal Circuit Denies Mandamus In Cellphone Patent Dispute

WASHINGTON, D.C. - A divided panel of the Federal Circuit U.S. Court of Appeals on July 24 denied a petition for mandamus by Nokia Inc. and Nokia Corp. (Nokia, collectively), which would have compelled the International Trade Commission to consider arguments regarding noninfringement of two patents relating to cellular telephone technology (In re: Nokia Inc. and Nokia Corporation, No. 14-133, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit: ITC Review Of Order Not Procedurally Sound

WASHINGTON, D.C. - Review by the International Trade Commission of an administrative law judge's (ALJ) denial of a motion to terminate enforcement proceedings in a dispute over dental alignment patents was not procedurally sound, the Federal Circuit U.S. Court of Appeals ruled July 18 (Align Technology Inc. v. International Trade Commission, et al., Nos. 13-1240, -1363, Fed. Cir.).