Canadian Website Operator Must Defend Righthaven Copyright Action in Nevada Federal Court

Operators of a Canadian website, on which an anonymous user posted a copyrighted news article that is the subject of one of a rapidly expanding number of recent lawsuits filed by Righthaven LLC, must defend the case in Nevada, the U.S. District Court for the…

Russian Company May Challenge Use of ‘Stolichnaya’ Trademark in U.S.

A Russian company may challenge another company’s claim of ownership of the “Stolichnaya” marks for spirits as a district court improperly conflated incontestability of the mark with the…

Teva Can Proceed With Challenge to Aricept Patents to Trigger 180-Day Exclusivity Period, Appeals Court Rules

Subject matter jurisdiction existed in a generic drug maker’s declaratory judgment action against the patent owner, even after…

Supreme Court Finds Federal Court Challenge to Ohio Tax Benefit Is Barred by Comity

The U.S. Supreme Court ruled June 1 that, under the comity doctrine, a federal lawsuit brought by retail natural gas suppliers that challenges Ohio’s natural gas taxation scheme as unconstitutional must…

Supreme Court Decision in Muchnick Case Leaves Some Issues to Be Resolved by District Courts

The Supreme Court’s recent ruling that the inclusion of authors of unregistered works in a settlement of a class action copyright proceeding does not prevent a federal court from exercising jurisdiction leaves some unanswered questions that federal district courts will have to address in the future, according to participants in a March 22 panel discussion presented by Law Seminars International of Seattle.

Supreme Court To Review ‘Foreign-Cubed’ Case Despite SEC, Solicitor General Objections

The U.S. Supreme Court November 30, 2009, agreed to review a lower court decision dismissing a “foreign-cubed” case that raises critical questions about the reach of U.S. federal courts and the U.S. securities fraud laws with respect to…