Worldwide: Court Procedure

The Düsseldorf Local Division of the Unified Patent Court has issued a significant ruling in Brita SE v Wessper, finding indirect patent infringement through the supply of replacement filter cartridges. The decision explores critical questions about when supplying replacement parts crosses the line from permissible repair to impermissible reconstruction of a patented product, and whether patent exhaustion can serve as a defense in such cases.

A legal battle in the D.C. Circuit Court of Appeals challenges the DEA's final order to reschedule marijuana to Schedule III, with threshold procedural questions about standing, stays, and intervention potentially determining the fate of state-legal medical marijuana programs before the court even reaches the merits of the rescheduling decision. The litigation centers on whether the Department of Justice exceeded its statutory authority and whether additional treaty-compliance regulations required formal ru

The U.S. Court of Appeals for the 2nd Circuit has affirmed a preliminary injunction against Nielsen in a landmark constructive tying case, establishing that pricing differentials alone can constitute illegal tying under the Sherman Act when they leave buyers with no economically rational alternative. This ruling carries significant implications for data, analytics, and subscription-based businesses that employ bundled pricing strategies, as it confirms that antitrust liability can arise from pricing structu

An order issued last Wednesday, July 15 by Judge Richard K. Eaton of the U.S. Court of International Trade (the CIT) may be good news for certain importers that have been awaiting the refund of International Emergency...

The Telephone Consumer Protection Act creates massive statutory damages exposure for companies, leading to widespread litigation abuse. A recent California court decision offers defendants a new weapon against 'opt-out evaders'—plaintiffs who deliberately send confusing unsubscribe requests instead of simple 'STOP' messages to manufacture TCPA violations and collect damages.

A federal magistrate judge in California has ruled that the use of generative AI in document review is subject to the same reasonableness and proportionality standards as traditional Technology Assisted Review (TAR), establishing that courts will not impose special requirements on AI-powered review tools absent specific evidence of deficiency. The decision addresses key questions about pre-culling documents with search terms before AI review and the extent to which parties must disclose validation metrics f

A federal district court in New Jersey addressed whether an insurer could deny pollution liability coverage based on a missing Schedule of Insured Property endorsement, despite the policy declarations indicating the coverage had been purchased. The decision also examined notice requirements under a follow-form excess policy and whether factual disputes precluded summary judgment on the insurer's rescission counterclaim based on alleged application misrepresentations.

Artificial intelligence is transforming arbitration practice, but questions remain about when AI assistance crosses the line into improper delegation of judgment. The American Arbitration Association has published new standards for AI use in alternative dispute resolution, yet these guidelines leave critical gaps about enforcement, proof of misuse, and available remedies when arbitrators allegedly rely too heavily on AI tools.

The Seventh Circuit Court of Appeals has ruled that text messages do not constitute "calls" under Section 227(c)(5) of the Telephone Consumer Protection Act (TCPA), affirming a district court's dismissal of a class action lawsuit. This decision creates a circuit split on whether unwanted text messages can be challenged under this specific provision of the TCPA, potentially setting the stage for Supreme Court review.