Posts filtered by tags: Federal Court[x]


United States: Federal Court's Discovery Ruling Offers Lessons To Insurers Alleging Health Care Fraud Pursuant To Predetermined Protocol Theory - Seyfarth Shaw LLP

Last month, in Government Employees Insurance Co. v. Cereceda, 2021 WL 148738 at *6-7 (S.D. Fla. Jan. 15, 2021) ("Cereceda"), the Southern District of Florida...
Tags: News, United States, Federal Court, Seyfarth Shaw, Fla, Government Employees Insurance Co, Cereceda

Canada: The Hidden Perils Of An Unregistered Trademark In A Passing Off Claim - Norton Rose Fulbright Canada LLP

Last week, in Hidden Bench Vineyards & Winery Inc. v. Locust Lane Estate Winery Corp., 2021 FC 156, the Federal Court dismissed an application by Hidden Bench Vineyards & Winery Inc. seeking a declaration that it is the owner of the unregistered trademark "LOCUST LANE".
Tags: News, Canada, Federal Court, Claim Norton Rose Fulbright Canada LLP, Hidden Bench Vineyards Winery Inc, Locust Lane Estate Winery Corp

Federal Court unanimously declares Selangor Shariah law criminalising ‘unnatural sex’ void, unconstitutional

KUALA LUMPUR, Feb 25 — The Federal Court's nine-judge panel today unanimously declared that a Selangor state law's provision which made...
Tags: Selangor, Federal Court

Trump-appointed federal judge indefinitely blocks the Biden administration's 100-day deportation freeze

A US Customs and Border Protection vehicle patrols a new section of the border wall in El Paso, Texas, as seen from Ciudad Juarez, Mexico, on August 27, 2020. Jose Luis Gonzalez/Reuters A federal judge blocked the Biden administration from enforcing a 100-day deportation freeze. The ruling does not mandate that deportations have to return to their previous rate. Democrats are hoping to pass a large-scale immigration overhaul in Congress this year. Visit the Business section of Insider for ...
Tags: Politics, Texas, Congress, Immigration, Trends, Joe Biden, Gop, United States, Homeland Security, Associated Press, Immigration Reform, Biden, Donald Trump, Trump, Federal Court, US Department of Homeland Security

Federal Court Allows Damage Claims To Proceed In N.C. Permit Case

Federal Court Allows Damage Claims To Proceed In N.C. Permit Case, iStock-884214706 U.S.A. –-( A U.S. District Court Judge in North Carolina has ruled that plaintiffs in a case challenging last year’s “temporary suspension” of accepting and processing pistol purchase permits allegedly due to the COVID-19 outbreak and state of emergency declared by Gov. Roy Cooper, may pursue damage claims and associated claims for declaratory relief and attorney’s fees. The case is known as Sta...
Tags: Guns, North Carolina, PPP, Federal Court, Kelly, Flanagan, Stafford, The Foundation, Gottlieb, Roy Cooper, Firearms Policy Coalition, Second Amendment Foundation, Gun Rights News, Second Amendment Foundation SAF, Alan M Gottlieb, Gerald Baker

Secondary Factors vs Objective Indicia of Nonobviousness

by Dennis Crouch I wrote earlier about the Supreme Court petition in Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc. (Supreme Court 2021) that focuses on secondary considerations of non-obviousness such as commercial success and long-felt un-met need.  There has been a small movement over the years to refer to these as “objective indicia of nonobviousness” as opposed to secondary considerations.  That movement did not arise with the Supreme Court.  Rather, the Supreme Court has repeatedly ...
Tags: Supreme Court, Law, Graham, Patent, Federal Court, Westlaw, Dennis Crouch, Teleflex, KSR, Amarin, Amarin Pharma Inc, Hikma Pharmaceuticals USA Inc Supreme Court, Supreme Court Rather the Supreme Court

Australia: Federal Court finds money paid in connection with Forex Contracts not property of liquidation - Corrs Chambers Westgarth

Recent liquidation case discussed including key takeaways, what happened, the decision & commentary.
Tags: News, Australia, Federal Court, Corrs Chambers Westgarth

Australia: Posting defamatory conspiracy theories online can cost you - Stacks Law Firm

The Federal Court awarded $875,000 in damages against a person who posted "vile" unfounded conspiracy theories online.
Tags: News, Australia, Federal Court

Patent Term Adjustment: What Happens When Examiner Withdraws Case from Appeal?

Chudik v. Hirshfeld (Fed. Cir. 2021) Chudik filed his patent application back in 2006. After receiving a final rejection back in 2010, Chudik filed a request for continued examination (RCE).  At that point the examiner withdrew the prior rejection, but then rejected the claims on an alternative ground.  Chukik appealed to the PTAB, but the Board did not get a chance to hear the case. Rather, the examiner again withdrew their rejection and re-opened prosecution with a new alternative ground for r...
Tags: Law, Congress, US, Patent, Board, Federal Court, PTO, Federal Circuit, Patent Trial and Appeal Board, PTA, PTAB, Chudik, Hirshfeld Fed, Chukik

Malaysia: Federal Court: Time For Delivery Of Vacant Possession Runs From Date Of Payment Of Booking Fee - SKRINE

The Federal Court today authoritatively determined that for the purposes of calculating liquidated and agreed damages (‘LAD') under a statutory form contract prescribed in the Housing Development...
Tags: News, Malaysia, Federal Court, Skrine

Canada: Federal Court Upholds Patent Validity And Issues Declarations Of Infringement Against Two Generic Apixaban Tablets - Norton Rose Fulbright Canada LLP

In one of its first patent decisions of 2021, the Federal Court tackled arguments regarding the relevant date for insufficiency allegations and the level of disclosure required for demonstrated...
Tags: News, Canada, Federal Court

Georgia’s Ballot-Marking Devices

Andrew Appel discusses Georgia’s voting machines, how the paper ballots facilitated a recount, and the problem with automatic ballot-marking devices: Suppose the polling-place optical scanners had been hacked (enough to change the outcome). Then this would have been detected in the audit, and (in principle) Georgia would have been able to recover by doing a full recount. That’s what we mean when we say optical-scan voting machines have “strong software independence”­you can obtain a trustworthy ...
Tags: Uncategorized, Georgia, Federal Court, State, Curling, Bruce Schneier, Andrew Appel, Raffensperger

Federal Court Lifts Block on Trump Policy Expelling Migrant Children at the Border

The prospect of border agents again turning away children is likely to renew pressure on the Biden administration.
Tags: Biden, Federal Court

Canada: Federal Court Finds Silodosin Formulation Patent Valid But Not Infringed - Smart & Biggar

On December 24, 2020, the Federal Court issued a decision in a patent infringement action pursuant to s. 6(1) of the Patented Medicines (Notice of Compliance...
Tags: News, Canada, Federal Court, Biggar

Canada: Choueifaty Patent Application Found To Possess Patentable Subject-matter - Osler, Hoskin & Harcourt LLP

As we previously reported, the Federal Court in Yves Choueifaty v Attorney General of Canada, 2020 FC 837 granted the appeal from the Commissioner of Patents' decision that Canadian Patent Application No. 2,635,393 ...
Tags: News, Canada, Federal Court, Osler Hoskin, Harcourt LLP, Yves Choueifaty

Canada: Are Trademark Injunctions Continuing Their Awakening From Hibernation? - Bereskin & Parr LLP

For the second time in six months, the Federal Court has issued an interlocutory injunction in a trademark action in Immigration Consultants of ...
Tags: News, Canada, Federal Court, Parr LLP, Bereskin

Malaysia: Case Update: LAD To Be Calculated Based On The Date Of Payment Of Booking Fees - MahWengKwai & Associates

The Federal Court case of PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor and other appeals (grounds of judgment dated 19.1.2021) dealt with the law concerning the Housing Development...
Tags: News, Malaysia, Federal Court, Associates, PJD Regency Sdn Bhd, Tribunal Tuntutan Pembeli Rumah Anor

Canada: Federal Court Invalidates Janssen ZYTIGA® Patent - Bereskin & Parr LLP

On January 14, 2021, the Federal Court issued a decision (Janssen Inc. et al v. Apotex Inc. et al, 2021 FC 7) in the consolidated infringement action brought under s. 6(1)
Tags: News, Canada, Federal Court, Janssen, Janssen Inc, Apotex Inc, Parr LLP, Bereskin

Canadian IP in 2020

Looking back on an usual and eventful year, we can see how IP practitioners worked through the pandemic with all of its challenges. Most statistics show a significant drop in March, April and May of 2020 but by June most trends appear to be back to previous levels. In the Federal Court and Federal Court of Appeal, where most intellectual property matters in Canada are litigated, the following chart shows a measure of activity in the Court. This is based on the number of documents being filed wit...
Tags: Law, Court, Canada, Intellectual Property, Federal Court, Federal Court of Appeal, CIPO, Intellectual Property Office CIPO, Federal Court and Federal Court of Appeal

Canada: PM(NOC) Invalidity Grounds May Extend Beyond NOA - Bereskin & Parr LLP

The Federal Court, in its recent decision Sunovion Pharmaceuticals Canada Inc. v. Taro Pharmaceuticals Inc. (2021 FC 37)
Tags: News, Canada, Federal Court, NOC, Parr LLP, Sunovion Pharmaceuticals Canada Inc, Taro Pharmaceuticals Inc

Canada: Divided Success In PM(NOC) Actions Regarding Glatiramer Acetate - Norton Rose Fulbright Canada LLP

The Federal Court has decided two infringement actions concerning glatiramer acetate products under the Patented Medicines (Notice of Compliance) Regulations (the Regulations).
Tags: News, Canada, Federal Court

Canada: Federal Court Continues Recent Trend Of Granting Summary Judgment In Appropriate Patent Proceedings - Smart & Biggar

In a recent decision, Flatwork Technologies LLC v Brierley (2020 FC 997), the Federal Court granted summary judgment in favour of the Plaintiff,...
Tags: News, Canada, Federal Court, Biggar, Brierley, Flatwork Technologies LLC

Federal Court Lifts Stay Of Execution For Two Men Scheduled To Die This Week

The men have argued that lung damage from their recent COVID-19 diagnoses will make their executions more torturous.
Tags: News, Federal Court

Canada: Federal Court Clarifies Admissibility Of Prosecution History Evidence Against Licensees - Oyen Wiggs Green & Mutala LLP

In Allergan Inc. v. Sandoz Canada Inc., 2020 FC 1189 [Allergan], the Federal Court of Canada ruled that section 53.1 of the Patent Act does not permit litigants to rebut statements as to claim construction made by patent licensees based on communications from the patentee during prosecution of the patent.
Tags: News, Canada, Allergan, Federal Court, Allergan Inc, Federal Court of Canada, Mutala LLP, Sandoz Canada Inc

United States: Federal Court In Washington Finds Clickwrap Arbitration Agreement Enforceable; Dismisses Class Action Lawsuit - Morrison Mahoney LLP

Like many, you've probably purchased a new tech product, set it up, and in doing so, accepted the manufacturer's terms and conditions without reading them.
Tags: News, Washington, United States, Federal Court, Morrison Mahoney LLP

Australia: Federal Court examines ambit of model litigant principles in Queensland - Holding Redlich

The ambit of the model litigant principles was tested in the context of a recent Queensland native title claim proceeding.
Tags: News, Australia, Queensland, Federal Court, Redlich

Australia: High Court rules refugees entitled to sue the government for negligence in the Federal Court - Holding Redlich

The Federal Court has jurisdiction to hear claims by these "transitory persons" against the Commonwealth government.
Tags: News, Australia, Federal Court, Federal Court Holding Redlich

Remedies for Visitor Visa Refusals

The Temporary Resident Visa application (a.k.a. Visitor Visa) system is broken. This is not a controversial statement. Currently, the Standing Committee on Citizenship and Immigration is in the midst of reviewing the system and, in particular, section 179 of the Immigration and Refugee Protection Regulations (IRPR). I gave testimony and they have heard from many experts. Officers have used their discretionary powers per R179 and it has caused extreme hardship for many applicants. Over the past f...
Tags: Usa, Law, India, Africa, Eu, Canada, Middle East, Swaziland, Las Vegas, Doj, Ontario, Manitoba, Trump, Federal Court, Trudeau, Kenney

Australia sues Facebook for slurping user data from Onavo Protect VPN app

Promised it was free and safe, but Facebook’s promises about privacy aren’t worth the mouse you click ‘em with Australia’s competition and consumer commission (ACCC) has hauled Facebook into the nation’s Federal Court for alleged false, misleading or deceptive conduct.…
Tags: Facebook, Australia, Software, Federal Court, ACCC

Australia: Michael Byrnes discusses with HRM | Whats a complaint? $1 million Federal Court appeal holds lessons for HR - Swaab

This appeal court ruling holds lessons for HR on the nature of workplace complaints and how they should be dealt with.
Tags: News, Australia, Federal Court, Swaab, Michael Byrnes