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In Westlaw-ROSS Litigation, Judge Allows ROSS’s Antitrust Case to Move Forward, But Tosses ‘Sham Litigation’ Claim

LawSites

district judge in Delaware but who last month became a judge of the Court of Appeals for the Federal Circuit — sided with ROSS. The judge also let stand a ROSS counterclaim under Section 1 of the Sherman Act, which prohibits “every contract … or conspiracy, in restraint of trade or commerce.” Judge Leonard P.

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Chancery Pauses Western Union-Convera Fight For DQ Motion

Law 360

on Monday succeeded in its bid to pause a contract dispute with the buyer of one of its business units so that Delaware's Court of Chancery can decide whether Western Union's former in-house counsel, now the buyer's chief legal officer, can remain involved in the litigation. The Western Union Co.

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Sonrai, HPE Settle After Oversealing Irks Del. Chief Judge

Law 360

have settled patent contract litigation days after the District of Delaware's chief judge said both companies and their counsel lost his trust by sealing documents that had no reason to be hidden. Sonrai Memory Ltd. and Hewlett Packard Enterprise Co.

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Be Careful Not to Unintentionally Bargain Away the Right to File IPRs

The IP Law Blog

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).

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Help On The Way For Overstretched Del. Chancery Bench

Law 360

Delaware's increasingly swamped Court of Chancery has opened a yearlong test to hand off some breach of contract cases to Superior Court's complex commercial litigation judges or to vice chancellors "by designation" from the lower court, reserving Chancery bandwidth for more complex equity disputes.

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Erie Doctrine, General Principles, and Running-Out the Clock

Patently O

But, the two parties had a prior agreement to litigate patent disputes in Delaware courts (i.e., The Delaware court (Judge Stark) sided denied preliminary relief and instead sided with the patent challenger – finding (1) evidence of breach was lacking and (2) the real irreparable harm would come from barring the IPR.

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Licensing by Acquisition: The High-Stakes Dispute Over Whether Intel is Licensed to VLSI’s Patents

Patently O

The Federal Circuit’s brief order sheds some light on the standards for amending pleadings late in litigation and the propriety of declaratory judgment counterclaims in patent cases even where the underlying infringement claims have been extinguished. Background: A separate VLSI v.