In an ongoing legal wranglings in the world of music, Canadian rock band Nickelback has defended itself in the Fifth Circuit against claims that it plagiarized a lesser-known musician’s work for its 2005 hit “Rockstar”. The band’s representation argued that the allegations of the Houston-area plaintiff were built on flimsy grounds, telling the court that…
Teva Pharmaceuticals appears to have reached a settlement with union funds involved in the indirect purchase class in a multidistrict ligation. The lawsuit accused Teva of executing an illegal agreement to withdraw a generic variant of a calcium-control drug from the market. The specifics surrounding the terms of the settlement or what led to this…
On a recent Wednesday, The Federal Circuit was grappling with a complex issue: how should forum selection clauses in private contracts be approached if they arise at the Patent Trial and Appeal Board (PTAB). Throughout the proceedings, skepticism was palpable among the judges about whether the appeals court had any jurisdiction to tackle the question…
The Federal Circuit court confirmed on Wednesday two victories for Apple in patent claim disputes against medical technology developer Masimo. The litigation centered around Masimo’s effort to halt the importation of the Apple Watch into the U.S. within a differing, ongoing conflict. This decision signifies a significant stride for Apple amidst a legal assault by…
A California state appeals court has recently pronounced Gilead Sciences as “morally blameworthy.” The court ruled that the company must confront a negligence claim brought forth by tens of thousands of patients. It has been claimed that Gilead Sciences prioritized maximizing profits over patient safety by setting aside a newer, purportedly safer HIV drug in…
Patagonia, the outdoor apparel manufacturer, has recently succeeded in a dismissal of a lawsuit put forth by an undisclosed apparel company. The latter firm sought a declaration stating no violation of Patagonia’s trademarked mountain skyline logo was conducted. In a court order issued on Tuesday, the adoption of a Texas federal magistrate judge’s conclusion foreclosed…
News organizations recently sought legislative intervention from the U.S. Congress to determine whether the use of copyrighted material in training large language AI models constitutes fair use. This urgent request comes in light of emerging concerns within the news industry, prompted by the fear that revenues will continue to diminish significantly if their works are…
Supermarket giant Kroger Co. has called upon justices to reconsider a decision upheld by the Seventh Circuit Court. The judgment in question found that the logo used by Grubhub Inc., an online food ordering platform, did not infringe upon the logo utilised by Home Chef, Kroger’s meal-kit delivery service. Kroger has argued that the lower…
Donald Trump, the controversial ex-president with a reputation for making grand claims, made a particularly noteworthy promise during his tenure. He assured the nation that his policies would generate an annual economic growth of more than 3%. However, according to data from his presidency, pre-pandemic, the average quarterly economic growth rate calculated to a mere…
As anticipation builds towards the divorce case of E. Jean Carroll, reports have emerged that former President Donald Trump, has announced his intention to testify in his own defense. This move comes after a surprising announcement made by Trump from a golf course in Ireland, and has sparked intense discussion within the legal industry. Above…
A recent item on Above the Law presents a surprising case where a lawyer was accused of submitting a falsified document. An unusual find in the purported evidence led to a shocking revelation – the word ‘Psych’ had been hidden in Exhibit A. Elsewhere in the news, concerns mount about the potential impacts of former…
The rising cost of outside counsel is becoming increasingly concerning for multinational corporations and law firms alike. According to the Thomson Reuters 2024 Report on the State of the US Legal Market, an alarming percentage of in-house respondents anticipate dispersing legal work to lower-cost law firms within the upcoming year. This response in strategy comes…
In a recent development, a proposal has been tabled which, if it takes effect, could potentially see the U.S. Government Accountability Office undertaking a detailed study examining ways to boost efficiency within the Bayh-Dole Act’s procedural framework. The law, as it stands, allows private entities and universities to commercialize patents originating from government-funded research. The…
Brown-Forman Corp., known for its distillation of the globally celebrated Jack Daniel’s Whiskey, unveiled plans on Wednesday for the retirement of its longstanding General Counsel. Serving the company for a span of 16 years, the incumbent legal head’s departure from the firm symbolizes the end of an era. The reveal also included the company’s succession…
In an appeal to the Federal Circuit, Rex Medical LP has argued that a decision by a Delaware federal judge to severely cut down a jury’s patent damages verdict from $10 million to a mere dollar was done in error, based on an alleged lack of evidence. The recent development in this case is bound…
Finnish member of the European Parliament (EP), Petri Sarvamaa, publicly launched a petition this week advocating for the suspension of Hungary’s voting rights within the EU’s decision-making council. The petition closes for signatures by members this Friday. The document, addressed to the President of the EP Roberta Metsola, calls for immediate action against Hungary under…
A disbarred North Carolina attorney is challenging the U.S. Patent and Trademark Office (USPTO) in a Virginia federal court over a decision that expelled him from practicing before the agency. The attorney had been disbarred ten years ago for professional misconduct tied to improper payments to a client in a personal injury lawsuit. The case…
In two separate rulings, the U.S. Court of Appeals for the Eight Circuit has established that specific Iowa laws concerning deception for employment and trespassing recording do not infringe on the First Amendment rights, contrary to the claims put forth by animal rights groups. These rulings come as a part of lawsuits filed by organizations…
A federal judge in Alabama ruled this week that the state is authorized to use nitrogen gas in the execution of death row inmate Kenneth Smith, scheduled for execution on January 25th. Smith has been on death row since his conviction for murder in 1988. The execution was initially scheduled for November 17, 2022, but…
On Tuesday, the Indian Supreme Court dismissed a petition seeking its intervention in undertrial prisoner visits to the prisons in Delhi, the country’s capital. The petition sought to challenge the government’s rule limiting such visits to twice weekly. Exercising their discretion, the Supreme Court, upon considering the arguments and the Delhi High Court’s prior ruling,…
On Friday, Haitian Judge Al Duniel Dimanche issued arrest warrants for more than 30 senior officials on the grounds of corruption charges, as revealed through a document that was leaked online. The list of accused includes several former prime ministers and presidents. The charges raised against the accused authorities are part of an ongoing investigation…
In an influential pandemic-related business interruption case reviewed last Wednesday, New York’s top court was debating the character of coronavirus, specifically whether it accounts for a tangible physical loss akin to a damaged chair or a fire-gutted warehouse to a string of restaurants. Here is the original article. 53 prominent restaurants, each part of the…
The US Supreme Court recently opened discussions on a challenging case from a Placerville, California resident, George Sheetz, who contests a $23,000 traffic impact fee imposed on him in return for a building permit. Navigate through the recorded transcripts of these oral arguments to gain more in-depth knowledge on the matter. Of essence is Sheetz’s…
Significant movement is being seen at the NCAA as they advance the tightening of rules surrounding name, image and likeness (NIL) deals. Athletes participating in NIL agreements will now have to register with the organization, part of the NCAA’s efforts to implement contractual standards. Further, the NCAA is dedicated to providing educational resources on NIL…
Investors for Paris Compliance (I4PC) has filed a complaint against the Ontario Securities Commission and the Autorité des marchés financiers of Québec. The complaint argues that sustainable investing disclosures from Canada’s big five banks – BMO, Scotiabank, CIBC, TD, and RBC – are potentially misleading to shareholders. The banks have been identified for possible discrepancies…