On October 14, the United States Court of Appeals for the Federal Circuit (CAFC), in Warsaw Orthopedic, Inc. v. Sasso, affirmed a decision of a district court dismissing Medtronic’s declaratory judgment complaint without prejudice and applying the doctrine of federal court “abstention” in view of a concurrent state court action. The CAFC concluded that the district court acted within its discretion in abstaining without prejudice because the question of contract interpretation was on appeal in state court and the federal action based on the federal issues was not precluded.
Litigation
- Recapping Abitron at the High Court: The Long Arm of the…Lanham Act?
- Why the Supreme Court Should Weigh in on CMI Violations Under the DMCA
- Precooked Bacon, Artificial Intelligence Patents, and a Defense of the Common Law
- SCOTUS Kills Hope for Eligibility Certainty and Nixes Teva’s ‘Skinny Label’ Appeal
- Newman Says Moore’s Order Alleging She is Unfit for Court is ‘Riddled with Errors’
Recent Posts
- UKIPO Issues New Trademark Guidance on NFTs, the Metaverse and Virtual Goods
- Other Barks & Bites for Friday, May 26: USPTO Proposes Track Three Pilot Program for Micro Entity Patent Applicants; LeBron James Joins Taco Tuesday Trademark Battle; European Commission Releases List of Countries with Concerning IP Rights Protections
- Former Copyright Office GC Tells House IP Subcommittee His Counterpart Got It Wrong on AI Fair Use
- Clause 8: Tom Irving on Litigating the First Hatch-Waxman Case and Mentoring Thousands in the Patent Field
- IP Goes Pop! – Streamlining Copyright Disputes: The Copyright Claims Board