On November 15, 2022, a California district court declined to dismiss a declaratory judgment action brought by a data scraper, 3taps, Inc. (“3taps”), against ...

The statute of limitations on an insurance company's lawsuit over coverage duties is triggered when the insurer becomes aware that it may not have a duty to defend and indemnify, the state Superior ...

Cisco Systems, Inc. v. Sprint Communications Co., L.P., C.A. Nos. 15-431 – SLR; 15-432-SLR, February 19, 2016 Robinson, J. Defendant’s motion to dismiss for lack ...

Collateral estoppel, or issue preclusion, the Court of Appeals found, "precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding ...

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We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

In the absence of regulation governing issues surrounding declaratory judgments for non-infringement, judgments of prior cases must be used as a guide. Qing Ge of Liu Shen & Associates in Beijing ...

There are countries, such as the United States, where it is common to file a declaratory action with the courts solely on the ground that the IP right of the defendant is invalid. This is not possible ...

Section 15 of the Barcelona Court of Appeal has held that a declaratory action for non-infringement of a Spanish trademark is not the appropriate avenue for contesting a domain name decision issued by ...

For some reason, everybody is talking about severability. (Which means it is a good day, like every day, to read Kevin Walsh.) In addition to all the discussion of the merits and severability in Texas ...