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8 Jan, 2007 3:22 pm
... in China, but before the actual complaint was filed, MISC instituted its own action in the U.S. District Court for the Eastern District of Pennsylvania, alleging that Sinochem had negligently misrepresented the fitness and suitability of MISC's vessel in its ... . It highlights the similarities between forum non conveniens and venue, and points out that the Supreme Court's decision in Goldlawr, Inc. v. Heiman permits transfer of venue within the federal system even when the transferor court lacks ...
SCOTUSblog - http://www.scotusblog.com/wp/
30 Sep 9:55 am by WIMS
... Kirkpatrick & Co. v. Environmental Tectonics Corp., 493 U.S. 400, 409 (1990). Founded on international law, the doctrine also serves as a basis for federal- ... 549 U.S. 422, 432 (2007). The district court stayed jurisdictional discovery, and ordered briefing on the issue of forum non conveniens. Invoking Sinochem, the district ... Access the complete opinion (click here).Waste Information & Management Services, Inc. (WIMS) Publishers of Michigan Waste Report, REGTrak, WIMS Daily & eNewsUSA ...
Environmental - Appeals Court - http://environmentalappealscourt.blogspot.com/
21 Nov, 2006 4:34 am
... of Article III of the federal Constitution, the doctrine cannot be applied without a prior adjudication of the court's subject matter jurisdiction. The second issue is whether, even if the rule implicates no ... n. 11 (2d Cir.2000)). More recently, in Dattner v. Conagra Foods, Inc., the Second Circuit, noting the Circuit split on these issues and disagreeing with the contrary view ... l Shipping Corp. v. Sinochem Int'l Co. Ltd., 436 F.3d 349, 359 (3d Cir.2006), cert. granted, --- U.S. ----, No. 06-102, ...
Federal Civil Practice Bulletin - http://federalcivilpracticebulletin.blogspot.com
23 Sep 5:01 pm by Tom Fisher
... ., Sinochem Ningbo Ltd., Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd., and Sinochem (U.S.A.) Inc. (collectively, "Sinochem") in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of ... skill in the art would know about production of R-134a, the Commission determined that "no party disagrees with the ALJ's finding that the two reactions at issue were known in the prior art and that it was recognized that the reactions could be ...
ITC 337 Law Blog - http://www.itcblog.com
9 Oct 4:56 pm by Eric Schweibenz
... as 1,1,1,2-tetrafluoroethane) by reason of infringement of certain patents, including U.S. Patent No. 5,559,276. See our April 6 post ... and Stoner, Inc. ("Stoner"), entered into a sales contract for the purchase of R-134a manufactured using Sinochem's "old" process. This shipment was imported into the U.S. ... argued, that the shipment was delivered "DDP (Delivery Duty Paid) Quarryville," and thus Sinochem was responsible for the shipment until it actually reached Stoner on September 15, 2008, after ...
ITC 337 Law Blog - http://www.itcblog.com
24 Feb 7:18 am by Charles Kotuby
... Circuit returned a few months later in Abdullahi v. Pfizer, Inc., No. 05-4863, 2009 U.S. App. LEXIS 1768 (2d Cir., January 30, 2009 ... the Carmack Amendment applied to the claims, and remanded the case to determine whether that statute's narrow allowance of a foreign forum selection clauses were satisfied. How it got to that conclusion, ... panel issues a 16-page decision, and Judge James Harvie... Some Significant Forum Non Conveniens Decisions Since Sinochem While the long-term practical effect of ...
Conflict of Laws .net - http://www.conflictoflaws.net
5 Mar, 2007 7:03 am
... forum issue. Sinochem International is a Chinese company that had a contract with an American company, Triorient Trading Inc., for the sale of steel coils. The contract called for any disputes to be settled under Chinese law. The coils were loaded ... loaded after an agreed date. Malaysis International filed a suit of its own in a U.S. District Court in Philadelphia, complaining of mishandling of the deal by Sinochem. The judge dismissed the case on grounds of an inconvenient forum, but the Third ...
SCOTUSblog - http://www.scotusblog.com/wp/
19 Mar 7:16 am by Gilles Cuniberti
... International Corp. et al., a lawsuit filed in Panama pursuant to a forum non conveniens (FNC) dismissal order issued by a U.S. court, in Saint Louis, Missouri. Multidata had manufactured and sold X-ray machinery used in a ... , Counsel for plaintiffs. Related posts: Some Significant Forum Non Conveniens Decisions Since Sinochem While the long-term practical effect of Sinochem on the American... When the Forum Conveniens Can Be "Convinced" to Refuse the Case Roger Alford at Opinio juris has an ...
Conflict of Laws .net - http://www.conflictoflaws.net
8 Jun 2:00 am
... 's Top US-Patent Recipients Suggests America May be Losing Dominance: Companies Outside the U.S. Tip Scales to 51 Percent Share of New Patents' (IP finance) Global - ... Division: DER ROTE BARON not use of RED BARON mark: Sierra Entertainment Inc v Davilex Games BV (Class 46) If you're happy and you ... review remand initial determination in investigation of coolant commenced by complaint from INEOS Fluor companies against Sinochem companies (ITC 337 Law Blog) JDS Uniphase - ITC will not review initial ...
IP Thinktank - http://duncanbucknell.com/blog
8 Jun 2:00 am
... 's Top US-Patent Recipients Suggests America May be Losing Dominance: Companies Outside the U.S. Tip Scales to 51 Percent Share of New Patents' (IP finance) Global - ... Division: DER ROTE BARON not use of RED BARON mark: Sierra Entertainment Inc v Davilex Games BV (Class 46) If you're happy and you ... review remand initial determination in investigation of coolant commenced by complaint from INEOS Fluor companies against Sinochem companies (ITC 337 Law Blog) JDS Uniphase - ITC will not review initial ...
IP Thinktank - http://duncanbucknell.com/blog
28 Sep 5:00 am
... nondisclosure arbitration clause does not include patent infringement claims: The Ticketreserve, Inc. v. Viagogo, IncI (Chicago IP Litigation) BPAI: 101 rejections shouldn' ... claim 1 of '276 patent in matter concerning coolant involving INEOS and Sinochem; enforcement initial determination finds no violation of consent order (ITC 337 ... ITC 337 Law Blog) Presstik - ITC to review initial determination finding s 337 violation in laser imageable lithographic printing plates investigation against Hanita ...
IP Thinktank - http://duncanbucknell.com/blog
         
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