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Pataki v. New York State Assembly
Procedure Used Regarding 46 Budget Bills, Signed Into Law by Governor, Is UnconstitutionalAfter Patent Reform, MDL Docket Emerges as New Arena for Patent Fights
In a dispute that provides a case study in patent litigation after the enactment of the America Invents Act, lawyers for a patent holder suing major tech firms are fighting to get cases that were sent to the defendants' home jurisdictions transferred back to the Eastern District of Texas—but this time designated as multidistrict litigation.
Proposed Merger by Joint Reorganization Gains New Life
Creditors dropped a lawsuit seeking to stop Genesis Health Ventures' proposed takeover of Multicare Cos. Inc., giving new life to what could be the first merger between two bankrupt companies. The unsecured creditors committee in Multicare's Chapter 11 filing agreed to end its suit seeking to block the merger in return for 2.5 percent of the equity in the combined company and 4 percent of the new warrants.Did Barclays dupe Lehman's bankruptcy court judge and scheme its way to a megabucks windfall when it bought Lehman's broker-dealer business in Sept. 2008? Or did the Lehman estate fling unfounded after-the-fact accusations at its white knight? The two sides make their last, best case before Judge James Peck.
Citing a forum selection clause in the companies' licensing agreement, Eli Lilly's lawyers at Morgan Lewis urged the Federal Circuit to nix the transfer of its patent case against Genentech to a new federal judge with strong IP chops.
The fight over the validity of so-called unfinished business claims in law firm bankruptcies is heating up in courts on both coasts this week.
Examiner Anton Valukas avoids stating an opinion about the litigation between Barclays and the Lehman estate and creditors, but his report provides a detailed account of events leading up to the sale. He finds some support for Lehman's argument that certain assets were undervalued--yet no evidence of a quid pro quo conspiracy.
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