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Searching Content indexed under Litigation, Mediation & Arbitration by Jones Day ordered by Published Date Descending.
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1
Renegotiation of Existing BITs by the Netherlands May Directly Affect Current Investments
In response to public criticism of existing BITs and to implement its new sustainable trade and investment policy, the Dutch government sought to replace its 2004 model BIT
Netherlands
16 Sep 2019
2
ITC Rejects Sofa Design Patent Infringement On Prosecution History Estoppel Grounds
While design patents follow many of the same rules as utility patents, the application of those rules in determining design patent infringement can be less than straightforward.
United States
16 Sep 2019
3
Patent Owner In Standard-Essential Patent Pool Has Standing To Appeal
Samsung Electronics Co., Ltd. ("Samsung") petitioned for inter partes review ("IPR") of U.S. Patent No. 8,917,772 ("the ‘772 Patent"), which is owned by Infobridge
United States
16 Sep 2019
4
PTAB Abused Discretion In Denying Request To File Motion For Additional Discovery
In a recent appeal of two inter partes review ("IPR") decisions from the Patent Trial and Appeal Board ("Board"), The Court of Appeals for the Federal Circuit
United States
16 Sep 2019
5
PTAB Designates Three Decisions On Discretion To Institute Review
The PTAB recently designated two decisions as precedential and one decision as informative on discretion to institute review.
United States
16 Sep 2019
6
August Boardside Chat Recap Regarding Trial Practice Guide Update
On August 8, 2019, the Patent Trial Appeal Board held a Boardside Chat webinar to discuss the July 2019 changes to the AIA Trial Practice G
United States
16 Sep 2019
7
Reexamination Stayed Pending IPR
Reexamination can be stayed pending IPR proceedings for good cause shown. The PTAB recently found good cause for a stay had been established when the reexamination proceedings and IPR proceedings
United States
16 Sep 2019
8
Resolving Climate Change Disputes Through Arbitration
Since the adoption of the Paris Agreement in 2016 and its entry into force, businesses have struggled to adjust to the increasing regulation of emissions
France
16 Sep 2019
9
Update On The Signing Of The Singapore Mediation Convention
The Mediation Convention is intended to promote mediation as an effective way of resolving cross-border disputes.
United States
13 Sep 2019
10
Will Changes Reduce Confusion In New South Wales Security Of Payment Laws?
On October 21, 2019, significant changes to New South Wales ("NSW") security of payment laws come into effect with the commencement of the Building
Australia
13 Sep 2019
11
Class Actions In Belgium—Change On The Way
Belgian class actions are currently available to consumers, as well as small and medium-sized enterprises ("SMEs") seeking damages from businesses for violations of a number of EU and Belgian laws.
Belgium
13 Sep 2019
12
Federal Court Relies On PTAB Findings In Denying Section 101 Summary Judgment Motion
Despite the prohibition on patenting "abstract ideas" and the tendency of computer software claims to fall into that category, claims directed at improving faulty software systems may still be patentable if they encompass an inventive concept.
United States
12 Sep 2019
13
ABPA v. Ford: Design Patent Defenses Run Out Of Gas On Appeal
A U.S. Court of Appeals for the Federal Circuit decision strengthens U.S. design patent protection for replacement parts.
United States
12 Sep 2019
14
Taxpayers' Federation Of Illinois Filed Amicus Brief Challenging Review Of Tax Tribunal Decisions
Jones Day filed an amicus brief in the Illinois Supreme Court on behalf of the Taxpayers' Federation of Illinois regarding the standard of review for Illinois Tax Tribunal decisions.
United States
12 Sep 2019
15
From The Top In Brief - August 2019
On June 3, 2019, the U.S. Supreme Court ruled in Taggart v. Lorenzen, 139 S. Ct. 1795 (2019), that a bankruptcy court may hold a creditor in civil contempt for attempting to collect on a debt that has been discharged in bankruptcy.
United States
12 Sep 2019
16
The Fifth Circuit Rules That A Make-Whole Premium Is Unmatured Interest Generally Disallowed In Bankruptcy
In In re Ultra Petroleum Corp., 913 F.3d 533(5th Cir. 2019), the U.S. Court of Appeals for the Fifth Circuit ruled that a "make-whole," or "prepayment," premium owed on unsecured notes.
United States
12 Sep 2019
17
ITC's Trademark Decisions May Have Preclusive Effect, After All
The Federal Circuit recently vacated part of its decision from three months ago, which held that "the Commission's trademark decisions, like its patent decisions, do not have preclusive
United States
12 Sep 2019
18
Jones Day's PTAB Litigation Blog – The Story And Rationale (Video)
Jones Day's PTAB Litigation Blog launched August 19, 2015. 428 posts later, it has become one of the most widely recognized and read PTAB practice blogs in existence.
United States
12 Sep 2019
19
Strategic Decision To Forgo Expert Does Not Allow A "Second Bite"
The PTAB recently denied petitioner's request for rehearing of a decision denying institution of inter partes review, rejecting the argument that the Board's
United States
12 Sep 2019
20
Decision To Deny Institution Not Reviewable Despite Prior PTAB Trial
In a split decision, the Federal Circuit dismissed three consolidated appeals holding that the PTAB's decisions to deny institution were not appealable even though the PTAB previously had instituted the IPRs
United States
12 Sep 2019
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