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|Are Permanent Injunctions in Patent Cases Back in Style?|
Justin M. Sobaje; Foley & Lardner LLP;
August 27, 2014, previously published on August 21, 2014Two recent district court decisions out of the District of Delaware have again placed the spotlight on permanent injunctions in patent cases. Prior to 2006, there was a longstanding general rule that courts would issue permanent injunctions against patent infringement absent exceptional...
|Brazilian Superior Court of Justice Recognizes Environmental Product Liability|
Luiz Gustavo Bezerra, Gedham Medeiros Gomes, Gabriela Mello; Mayer Brown LLP;
August 27, 2014, previously published on August 22, 2014The Brazilian Superior Court of Justice (STJ) has published a decision recognizing, for the first time, the environmental product liability of manufacturers of potentially polluting products.
|Invalidity Allegations re Anticipation and Obviousness Found Justified|
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
August 27, 2014, previously published on August 20, 2014In this case, Apotex sought to enter the market with its generic version of travoprost. The Court dismissed the proceeding on the basis that Apotex’ allegations as to anticipation and obviousness were held to be justified. The Court construed the claims at issue to claim the use of a compound...
|Missouri Supreme Court Adopts Expansive View of Joint Employer Liability for Wage Violations|
Andrew J. Weissler; Husch Blackwell LLP;
August 27, 2014, previously published on August 22, 2014On August 19, 2014, the Missouri Supreme Court issued a novel decision that impacts Missouri employers. In Tolentino v. Starwood Hotels & Resorts Worldwide, Inc., No. SC93379 (Mo. banc Aug. 19, 2014), the court unanimously endorsed an expansive view of what it takes to be considered a...
|Second Circuit Rejects Extraterritorial Application of Dodd-Frank’s Whistleblower Anti-Retaliation Provision|
Thomas R. Bundy, Peter N. Farley, Patricia A. Gorham, Cheryl L. Haas, Cynthia M. Krus; Sutherland Asbill & Brennan LLP;
August 27, 2014, previously published on August 18, 2014On August 14, the United States Court of Appeals for the Second Circuit became the first U.S. appellate court to weigh in on the extraterritorial application of the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. In Liu v. Siemens, A.G., the Second...
|Mechanics Liens: Better Than Money Judgments|
Asha Echeverria; Bernstein Shur;
August 27, 2014, previously published on August 25, 2014In a recent Maine mechanics lien case, Cote Corporation v. Kelley Earthworks, the Maine Supreme Judicial Court upheld Cote Corporation’s mechanics lien judgment. In this case, Cote filed a mechanics lien against property owned by Kelley for the construction of an asphalt plant on...
|Enforcing and Repelling International Jurisprudence in Germany|
Firm Rainer, Michael Rainer; GRP Rainer LLP;
August 27, 2014, previously published on August 25, 2014Enforcing international jurisprudence in Germany is not always easy. The law firm GRP Rainer is experienced in enforcing claims beyond state borders.
|Highway Guardrail Lawsuits Charge Unsafe Design Maiming Drivers|
Fabrice N. Vincent; Lieff, Cabraser, Heimann & Bernstein, LLP;
August 27, 2014, previously published on August 20, 2014This summer, automotive and product design safety company, Safety Research & Strategies, filed suit against the Federal Highway Administration (FHWA), seeking the public release of documents in the case of United States ex rel. Harman v. Trinity Industries. The whistleblower lawsuit alleges...
|Supreme Court’s Latest Interpretation on Late Payment Interest|
Sharon Xu; Sheppard, Mullin, Richter & Hampton LLP;
August 27, 2014, previously published on August 20, 2014The Supreme People’s Court of China recently issued an interpretation on how to calculate the interest accrued on delayed payment - Interpretation of the Supreme People’s Court of Several Issues Concerning the Applicable Law for Calculating Interest On Delayed Payment in the Enforcement...
|HMRC Removes Some Advantages of Voluntary Disclosure|
Tim George, Tessa Lorimer, Maurice Martin; Withers Bergman LLP;
August 27, 2014, previously published on August 20, 2014On 14th August 2014 HMRC announced a number of significant changes to the Liechtenstein Disclosure Facility (LDF) which have removed some of the advantages available to those individuals who still have undisclosed tax liabilities to HMRC. The original purpose of the LDF when it was launched back in...