ECCA Declines To Hear Appeal Against Ex Parte Orders Prior To Return Date

Last week, the Eastern Caribbean Court of Appeal (ECCA) handed down its judgment on an attempted appeal by a BVI company, Greater Sail Limited (“Greater Sail”), against orders made ex parte by the Commercial Court, prior to the return date hearing.

In refusing to hear the appeal, the Court found that it would be “improper to permit [the appellant] to appeal to this Court” prior to an inter partes hearing before the judge below.
Background
This judgment is the latest in this long-running […]

By | June 20th, 2022 ||

Federal Circuit PTAB Appeal Statistics Through March 31, 2022

Through March 31, 2022, the Federal Circuit decided 1,017 appeals from the PTAB in IPRs, CBMs, and PGRs. While the vast majority of these appeals came from IPRs, the number of PGR appeals has slowly increased over time, partially offsetting a near total decline in the number of CBM appeals.

In IPR appeals, the Federal Circuit has cumulatively affirmed the PTAB on every issue in 701 (73.33%) cases and reversed or vacated the PTAB on […]

By | June 16th, 2022 ||

National Team Secures Appellate Victory On Behalf Of Lithium-Ion Battery Manufacturer

Indian Wells Appellate Partner  Wendy S. Dowse, New York Appellate Partner  James M. Strauss, and Newark Partner  James S. Rehberger recently prevailed in a discretionary appeal when the Appellate Division of the Superior Court of New Jersey held that the lower court erroneously denied Lewis Brisbois’ manufacturer client’s motion to dismiss after improperly determining that the company was subject to New Jersey’s jurisdiction based on an insufficiently-developed record.

As  reported by Law360, the plaintiff in this product liability action filed suit […]

By | January 10th, 2022 ||