LexisNexis® Legal Newsroom
Mealey's IP/Tech - Exclusion Order Barring Importation Of Infringing Products Affirmed

WASHINGTON, D.C. - A limited exclusion order entered by the International Trade Commission (ITC) against Arista Networks Inc. based upon findings that Arista infringed three Cisco Systems Inc. patents was upheld Oct. 18 by the Federal Circuit U.S. Court of Appeals, which found no error in the ITC's determination of infringement (Arista Networks Inc. v. International Trade Commission, No. 16-2563, Fed. Cir.).

Mealey's Litigation Procedure - Jurisdictional Discovery Proper In Trade Secrets Suit, Federal Judge Rules

SHERMAN, Texas - Expedited jurisdictional discovery is warranted in a misappropriation of trade secrets lawsuit filed by a health and wellness direct sales company against its competitor and certain of its employees because the individual defendants are alleged to have had contacts with the state of Texas, a federal judge in Texas ruled Aug. 22 in granting the company's motion (AdvoCare International LP v. Modere Inc., et al., No. 17-0194, E.D. Texas, 2017 U.S. Dist. LEXIS 133613).

Mealey's Litigation Procedure - Summons Issued On Supplement Seller's Petition To Confirm Chinese Award

CENTRAL ISLIP, N.Y. - A summons was issued on July 13 to a New York entity in relation to a Chinese company's recently filed petition to confirm a $575,922 arbitral award issued in its favor by a Chinese tribunal (Tianjin Port Free Trade Zone: International Trade Service Co., Ltd. v. Tiancheng Chempharm Inc. USA, No. 17-cv-4130, E.D. N.Y.).

Mealey's Litigation Procedure - ICSID To Hold Merits, Jurisdiction Hearing On NAFTA Claims Against Canada

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 10 announced that it will soon hold a hearing on jurisdiction and the merits in an arbitration in which an investor asserts violations of the North American Free Trade Agreement (NAFTA) against Canada (Mobil Investments Canada Inc. v. Canada, No. ARB/15/6, ICSID).

Mealey's Litigation Procedure - ICSID Invites Amicus Curiae Filings In NAFTA Case Filed Against Canada

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on June 20 announced that it is inviting nonparties in an arbitration commenced by a resource company against the government of Canada to submit amicus curiae briefs in accordance with the statement of the North American Free Trade Agreement (NAFTA) Commission (Lone Pine Resources Inc. v. The Government of Canada, No. UNCT/15/2, ICSID).

Mealey's Litigation Procedure - Judge Rejects Mesa Power's Petition To Vacate NAFTA Award For Canada

WASHINGTON, D.C. - A District of Columbia federal judge on June 15 rejected an energy company's petition to vacate an international arbitral award in which a tribunal found that the Government of Canada did not violate the North American Free Trade Agreement (NAFTA), finding nothing to show that the tribunal exceed its authority (Mesa Power Group LLC v. Government of Canada, No. 16-1101, D. D.C., 2017 U.S. Dist. LEXIS 92037).

Mealey's Litigation Procedure - ICSID Grants Mexico's Request To Bifurcate Investment Issue From Merits

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 30 partially granted a request by the United Mexican States to bifurcate the issue of whether a Canadian company made an investment in Mexico under the North American Free Trade Agreement (NAFTA) from the merits of the case (Lion Mexico Consolidated L.P. v. United Mexican States, No. ARB[AF]/15/2, ICSID).

Mealey's IP/Tech - New York Federal Judge Won't Reconsider Denial Of Stay In ITC Patent Case

NEW YORK - Efforts by Comcast Corp. to enjoin patent allegations pending against it before the International Trade Commission (ITC) were again unsuccessful on May 15, when a New York federal judge refused to reconsider an earlier order denying a preliminary injunction (Comcast Corporation v. Rovi Corporation, No. 16-3852, S.D. N.Y., 2017 U.S. Dist. LEXIS 73669).

Mealey's Litigation Procedure - Venezuela Requests Annulment Of $161M Award For Energy Product Supplier

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered a request filed by the Bolivarian Republic of Venezuela to annul a $161.6 million arbitral award issued in favor of investors in two Venezuelan entities (Tenaris S.A. and Talta - Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela, No. ARB/12/23, ICSID).

Mealey's PI/Product Liability - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts did not constitute violations of the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).

Mealey's IP/Tech - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts did not constitute violations of the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).

Mealey's Litigation Procedure - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts did not constitute violations of the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).

Mealey's Litigation Procedure - Ontario Court Enforces $22M Award Against Republic Of Kyrgyzstan

TORONTO - An energy firm on Feb. 28 announced that a Canadian court has recognized and enforced an arbitral award issued pursuant to the United Nations Commission on International Trade Law (UNCITRAL) against Republic of Kyrgyzstan.

Mealey's Litigation Procedure - 10th Circuit: 'Extreme' Destruction Of Trade Secret Evidence Warrants Sanction

WASHINGTON, D.C. - The International Trade Commission (ITC) properly barred a Turkish company from importing products using opaque paint polymers into the United States for 25 years - the harshest sanction possible - as punishment for destroying computer evidence in violation of a discovery order in a misappropriation of trade secrets investigation, the Federal Circuit U.S. Court of Appeals held Feb. 15 (Organik Kimya San ve Tic, A.S., et al. v. International Trade Commission, et al., Nos. 15-1774, 15-1833, Fed. Cir., 2017 U.S. App. LEXIS 2623).

Mealey's Litigation Procedure - Judge OKs Adding Defend Trade Secrets Act Claim To Complaint

SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist. LEXIS 17384).

Mealey's Antitrust/Unfair Competition - Judge OKs Adding Defend Trade Secrets Act Claim To Complaint

SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist. LEXIS 17384).

Mealey's IP/Tech - Judge OKs Adding Defend Trade Secrets Act Claim To Complaint

SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist. LEXIS 17384).

Mealey's IP/Tech - Federal Circuit Affirms: Electronic Trading Method Is Patent Eligible

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Jan. 18 upheld findings by an Illinois federal judge that two patents directed to a method of electronic trading do not claim ineligible subject matter under 35 U.S. Code Section 101 (Trading Technologies International Inc. v. CQG Inc., et al., No. 16-1616, Fed. Cir.; 2017 U.S. App. LEXIS 834).

Mealey's Securities/D&O Liability - Goldman Sachs To Pay $120M To CFTC For Attempted Manipulation Of ISDAFIX Rate

WASHINGTON, D.C. - Goldman Sachs Group Inc. and Goldman, Sachs & Co. will pay $120 million to settle claims filed by the Commodity Futures Trading Commission (CFTC) that they attempted to manipulate the U.S. Dollar International Swaps and Derivatives Association Fix (ISDAFIX) in violation of provisions of the Commodity Exchange Act (CEA), according to a CFTF order filed Dec. 21 (In the Matter of Goldman Sachs Group Inc., et al., No. 17-03, CFTF).

Mealey's Litigation Procedure - ICSID Allows NAFTA Claims Over Loans To Proceed Against Mexico

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 12 dismissed an objection filed by the United Mexican States to an arbitration filed against it by a lender, finding that questions regarding whether certain promissory notes and mortgages were investments under the North American Free Trade Agreement (NAFTA) required more review (Lion Mexico Consolidated L.P. v. United Mexican States, No. ARB[AF]/15/12, ICSID).

Mealey's IP/Tech - Judge Bars Employee From Testifying On Trademark Confusion In Trade Secrets Suit

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).

Mealey's Litigation Procedure - Judge Bars Employee From Testifying On Trademark Confusion In Trade Secrets Suit

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).

Mealey's Litigation Procedure - PCA Holds Hearing On Jurisdiction In UNCITRAL Case Filed Against Russia

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Aug. 15 provided an update in an arbitration commenced by a bank and finance company pursuant to the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules against the Russian Federation (PJSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).

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).