On February 27, 2023, Judge Pitman granted Defendant Wayfair LLC’s motion for a protective order to stay merits discovery pending venue discovery related to Wayfair’s motion to transfer.On February 27, 2023, Judge Pitman granted Defendant Wayfair LLC’s motion for a protective order to stay merits discovery pending venue discovery related to Wayfair’s motion to transfer.
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Applying the Bot M8 Standard, Judge Pitman Grants Motion To Dismiss When Plaintiff’s Complaint Failed to Plausibly Assert Infringement
On March 25, 2022, Plaintiff LS Cloud Storage Technologies, LLC filed its complaint for patent infringement against Amazon in the Waco Division of the Western District of Texas. Plaintiff accused multiple Amazon products, such as AWS and Amazon EBS, of infringing patents generally relating to data storage and remote storage systems. On June 16, 2022,…
Cherry-Picking Epidemiological Data Proves Fruitless for Zantac MDL Plaintiffs
The plaintiffs in the Zantac MDL faced a challenge that is common in products liability cases: How to handle evolving science and conflicting epidemiological data.The plaintiffs in the Zantac MDL faced a challenge that is common in products liability cases: How to handle evolving science and conflicting epidemiological data. Predictably, the plaintiffs hired experts to…
Spotlight on Regulatory Cross Border: European Commission Bans TikTok From Official Devices
On February 23, 2023, the European Commission’s Corporate Management Board announced that it has suspended the use of the TikTok application on its corporate devices and on personal devices enrolled in the European Commission mobile device service.On February 23, 2023, the European Commission’s Corporate Management Board announced that it has suspended the use of the…
U.S. Federal Banking Regulators Release Joint Statement on ‘Liquidity Risks to Banking Organizations Resulting from Crypto-Asset Market Vulnerabilities’
On February 23, 2023, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, the “agencies”) issued their second joint statement of the year regarding crypto-asset market vulnerabilities.
In this more recent joint statement, the agencies have drawn their attention to…
Direct Sellers Should Use the FTC’s Recent Distributor Enforcement Actions to Remind Distributors of the Consequences of Deceptive Claims
The lawsuits, filed by the Department of Justice, on behalf of the Federal Trade Commission, alleged that the distributors, who styled themselves as “wellness advocates” and touted their expertise as medical practitioners, made numerous claims during webinars conducted in 2022 that doTERRA’s products could prevent, treat, or cure COVID-19.Distributors in the direct selling channel should…
The Engineer, the Arborist, and the Lay Juror: Courts Still Struggle to Define When Expert Testimony Is Required in Product Liability Cases
A recent ruling by the District of Maryland in Garcia v. Sherril, Inc. demonstrates the ongoing struggle by courts to distinguish between when plaintiffs must produce expert testimony in product liability cases and the danger that courts may permit jurors to comment beyond their shoes in cases involving technical subject matter.An ultracrepidarian expresses views on matters…
Judge Albright Grants Defendant Lyft, Inc.’s Motion To Dismiss for Improper Venue Under FRCP 12(b)(3)
Judge Albright dismissed Plaintiff Fare Technologies LLC’s complaint against Lyft, Inc. for failure to plead that Defendant has a server in W.D. Tex. that could comprise the “computer” of the asserted patent’s system claims or perform the requisite steps of the method claims. Judge Albright provided Plaintiff an opportunity to amend its complaint.Judge Albright dismissed…
The EU Issues a Tenth Package of Sanctions Against Russia
In light of the recent wave of sanctions against Russia issued by the United States (see Winston & Strawn’s post here), the European Union (“EU”) issued a tenth package of Russia sanctions on February 25, 2023. In light of the recent wave of sanctions against Russia issued by the United States (see Winston & Strawn’s…
The United States and the United Kingdom Announce New Wave of Sanctions Against Russia
UNITED STATES
On Friday, February 24, 2023, the United States (U.S.) announced a new wave of sanctions and export controls restrictions against Russia aimed at (1) holding individuals and entities accountable for engaging in sanctions evasion, (2) imposing pressure on Russia’s key revenue-generating sectors including the energy, extractive, financial, defense, and technology sectors, and (3)…