Correspondent
White House correspondent, covers patent, trade and regulatory news
The Ninth Circuit affirmed the dismissal of construction defect claims against one defendant but reversed the dismissal against another. The court held that California's statute of repose bars equitable tolling for misnamed parties but allows relation back for unknown defendants identified under specific state rules.
The United States Court of Appeals for the Federal Circuit affirmed a Trademark Trial and Appeal Board decision refusing to register the MON AMI marks for edible pet treats. The court held that the Board's finding of likely confusion with the registered AMI mark was supported by substantial evidence.
The United States Court of Appeals for the Federal Circuit affirmed a preliminary injunction blocking a generic drug competitor from entering the market. The court vacated the district court's order waiving the bond requirement, ruling that commercial activities generally require security.
The Ninth Circuit vacated a district court dismissal of a lawsuit alleging violations of California's Automatic Renewal Law. The appellate court held that the defendant expressly aimed its conduct at California through over ten thousand subscriptions and substantial revenue from the state.
The Ninth Circuit dismissed an appeal regarding the enforceability of an arbitration agreement after the defendant filed for bankruptcy. The court remanded the case to the district court to address new mootness questions arising from the defendant's Chapter eleven plan confirmation.
The Fifth Circuit reversed a district court order that allowed patent licensing agreements to be disclosed to in-house counsel in foreign proceedings. The court held that foreign law did not unequivocally require such disclosure, so contractual confidentiality protections limiting access to outside counsel remained enforceable.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order staying a civil rights action due to a bankruptcy court injunction. The appellate court found no reversible error because the bankruptcy order explicitly barred the plaintiff from prosecuting the case in federal district court.
The Fourth Circuit affirmed a district court order denying a pro se plaintiff's motion to reopen a case. The court held that the motion was properly treated as a Rule sixty point B motion because it was filed more than twenty-eight days after the dismissal order.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a debtor challenging a bankruptcy court order. The court held that the order approving the hiring of counsel was not a final order, leaving the appellate court without jurisdiction.
The Ninth Circuit affirmed a district court order denying motions to disqualify a judge and to void a judgment. The court upheld the award of prejudgment interest and attorneys' fees against appellants who engaged in fraudulent transfers.
