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Federal Circuit Rejects Theory of Infringement Based on Oversimplified Claim Interpretation and Finds That the ITC Correctly Required Proof of Substantial Non-infringing Use Based on Real-World Evidence
On May 28, 2021, a Federal Circuit panel consisting of Judges Newman, Lourie and Dyk issued a unanimous opinion, authored by Judge Lourie, in Bio-Rad Labs., Inc. v. ITC, Case Nos. 2020-1475 and 2020-1605. Bio-Rad appealed from a United States International Trade Commission's (ITC) determination of non-infringement with respect to certain devices imported by 10X Genomics (10X). 10X appealed from the ITC's determination of infringement with respect to certain other devices. Because the ITC's opinion is free from alleged legal errors and its underlying factual findings are supported by substantial evidence, the panel affirmed. Slip Op. at 29.
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Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.