LexisNexis® Legal Newsroom
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.).

Mealey's IP/Tech - Federal Circuit Affirms; Tariff Act Not Violated, Patents Not Implicated

WASHINGTON, D.C. - The International Trade Commission (ITC) properly found that Intel Corp. did not violate Section 1337 of the Tariff Act because its accused products are not covered by a plaintiff's patents, the Federal Circuit U.S. Court of Appeals held July 7 (X2Y Attenuators LLC v. International Trade Commission et al., No. 13-1340, Fed. Cir.).

Mealey's Securities/D&O Liability - Expert's Event Study Unreliable; 1st Circuit OKs Securities Summary Judgment

BOSTON - A trial court did not err in excluding as unreliable expert testimony on loss causation on behalf of a class of plaintiff shareholders who allege that Credit Suisse Securities fraudulently withheld information from the market about the 2001 merger of America Online (AOL) and Time Warner, a First Circuit U.S. Court of Appeals panel held May 14 (Bricklayers and Trowel Trades International Pension Fund, et al. v. Credit Suisse Securities [USA] LLC, et al., No. 12-1750, 1st Cir.; 2014 U.S. App. LEXIS 8994).

Mealey's Litigation Procedure - International Tribunal Bars U.S. / Mexico From NAFTA Arbitration Hearings

WASHINGTON, D.C. - An arbitration tribunal on May 12 rejected a request by the government of Canada to allow non-disputing parties to the North American Free Trade Agreement (NAFTA) from a case filed by a Detroit International Bridge Co., barring Mexico and the United States from attending future hearings or from having access to transcripts (Detroit International Bridge Co. v. The Government of Canada, NAFTA).

Mealey's Litigation Procedure - Expert's Event Study Unreliable; 1st Circuit OKs Securities Summary Judgment

BOSTON - A trial court did not err in excluding as unreliable expert testimony on loss causation on behalf of a class of plaintiff shareholders who allege that Credit Suisse Securities fraudulently withheld information from the market about the 2001 merger of America Online (AOL) and Time Warner, a First Circuit U.S. Court of Appeals panel held May 14 (Bricklayers and Trowel Trades International Pension Fund, et al. v. Credit Suisse Securities [USA] LLC, et al., No. 12-1750, 1st Cir.; 2014 U.S. App. LEXIS 8994).

Mealey's IP/Tech - Federal Circuit Reverses Indefiniteness Holding

WASHINGTON, D.C. - Although an Illinois federal judge properly determined that the Chicago Board Options Exchange Inc. (CBOE) did not infringe a financial trading patent, she erred in deeming one of the patent's claims indefinite, the Federal Circuit U.S. Court of Appeals ruled April 7 (Chicago Board Options Exchange Inc. v. International Securities Exchange LLC, No. 13-1326, Fed. Cir.).

Mealey's Litigation Procedure - PCA Orders Bolivia To Pay U.K. Investor $28 Million In Damages

THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on Jan. 31 ordered that the Plurinational State of Bolivia pay a U.K. company $28,927,582 in damages in an arbitration under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL), finding that Boliva expropriated its investment in an electric company (Guaracachi America, Inc. and Rurelec PLC v. The Plurinational State of Bolivia, PCA Case No. 2011-17, PCA).

Man Convicted Of Computer Fraud Sentenced To Prison, Community Service, Fine

SAN FRANCISCO - A former Korn/Ferry International executive, whom a jury found guilty of computer fraud, misappropriation of trade secrets and conspiracy under the Computer Fraud and Abuse Act (CFAA), was sentenced to a year in prison and a $60,000 fine by a California federal judge on Jan. 8 (United States of America v. David Nosal, No. 3:08-cr-00237, N.D. Calif.).

Trade Court Says Federal Concessions Eliminate Controversy

NEW YORK - The U.S. Court of International Trade has dismissed claims stemming from the federal government's classification of imported tobacco products, saying Dec. 27 that the government had agreed to all relief sought by the plaintiff, leaving no issue in controversy (Shah Bros. Inc. v. United States, No. 10-00205, Intl. Trade; 2013 Ct. Intl. Trade LEXIS 162; SLIP OP. 2013-157).

ICSID Orders Guatemala To Pay Teco $28 Million In Investment Dispute

WASHINGTON, D.C. - After finding that the Republic of Guatemala breached a free trade agreement in relation to a Delaware company's investment in an energy firm, the International Centre for Settlement of Investment Disputes (ICSID) awarded the company $28,621,247 plus interest (Teco Guatemala Holdings LLC v. The Republic of Guatemala, No. ARB/10/17, ICSID).

Federal Circuit Affirms: Tariff Act Not Violated By Patent Defendant

WASHINGTON, D.C. - The International Trade Commission (ITC) did not err in finding no violation of the Tariff Act by the importation of products alleged to have infringed two "machine vision" patents, the Federal Circuit U.S. Court of Appeals ruled Dec. 16 (Cognex Corporation et al. v. International Trade Commission et al., No. 11-1098, Fed. Cir.).

Federal Circuit Affirms: Motorola Failed To Prove Microsoft Patents Invalid

WASHINGTON, D.C. - The International Trade Commission (ITC) did not err in finding that Motorola Mobility LLC violated Section 337 of the Tariff Act when it imported and sold mobile devices that infringe Microsoft Corp.'s U.S. patent No. 6,370,566, the Federal Circuit U.S. Court of Appeals ruled Dec. 16 (Motorola Mobility LLC v. International Trade Commission and Microsoft Corp., No. 12-1535, Fed. Cir.).

ITC Ruling Partly Affirmed In Microsoft, Motorola Patent Case

WASHINGTON, D.C. - Findings by the United States International Trade Commission (ITC) that Motorola Mobility Inc. did not infringe four Microsoft Corp. patents were partly affirmed and partly reversed Oct. 3 by the Federal Circuit U.S. Court of Appeals (Microsoft Corp. v. International Trade Commission and Motorola Mobility Inc., No. 12-1445, 1535, Fed. Cir.).

Justice Says Shareholder's Arguments Regarding Demand Futility Fail

NEW YORK - A New York state court justice granted a group of directors' and officers' motion to dismiss a shareholder derivative suit on Sept. 23 because the shareholder failed to show that presuit demand upon the company's board of directors would have been futile (International Painters and Allied Trades Industry Pension Fund v. Cantor Fitzgerald, L.P., et al., No. 650736/2012, N.Y. Sup., New York Co.).

International Arbitration Court Issues Order In NAFTA Dispute With Canada

THE HAGUE, Netherlands - A procedural order requiring the production of documents in a dispute in which an energy company alleges that Canada violated the North American Free Trade Agreement (NAFTA) was released by the Permanent Court of Arbitration (PCA) on Sept. 13 (Mesa Power Group v. Government of Canada, No. 2012-17, PCA).

6th Circuit: Trade Dress Claim Should Not Have Gone To Jury

CINCINNATI - A divided Sixth Circuit U.S. Court of Appeals on Sept. 12 reversed an Ohio federal judge's denial of judgment as a matter of law (JMOL) in favor of a defendant accused of trade dress infringement (Groeneveld Transport Efficiency Inc. v. Lubecore International Inc., No. 12-3545, 6th Cir.).