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Case of the Day: Cephalon, Inc. v. Sun Pharmaceutical Industries
The case of the day is Cephalon, Inc. v. Sun Pharmaceutical Industries, Inc. (D.N.J. 2011). Cephalon, which manufactures Gabitril (a drug for treating epilepsy), sued Sun Pharmaceutical Industries, Ltd., an Indian drug manufacturer, alleging that Sun was planning to launch a generic version of Gabitril that would infringe on Cephalon’s patent. Cephalon served the summons……
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Case of the Day: Klein v. United States
The case of the day is Klein v. United States (W.D.N.Y. 2011). David E. Klein sued the government to recover taxes he claimed had been wrongly assessed. The government counterclaimed against Klein and another, Rakesh Aggarwal. The government served process on Aggarwal by “attachment of a copy of the summons and counterclaim to the front……
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Case of the Day: Codemasters Group v. SouthPeak Interactive
The case of the day is Codemasters Group Holdings Ltd. v. SouthPeak Interactive Corp. (E.D. Va. 2011). Codemasters, an English video game developer, had a video game distribution agreement with SouthPeak, a Delaware corporation doing business in Virginia. Codemasters’ claim was that SouthPeak, its distributor, had failed to pay invoices for games Codemasters had shipped……
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Case of the Day: Figueiredo Ferraz E Engenharia De Projecto Ltda. v. Republic of Peru
The case of the day is Figueiredo Ferraz E Engenharia De Projecto Ltda. v. Republic of Peru (2d Cir. 2011). Figueiredo, a Brazilian corporation, made a contract with the Programa Agua Para Todas, an instrumentality of the Peruvian government, to prepare engineering studies on water and sewage services. The contract contained an agreement to arbitrate……
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Case of the Day: Ministry of Defense of Iran v. Cubic Defense Systems
If you need convincing of the strength of the public policy in favor of arbitration, look no further than today’s case of the day, Ministry of Defense & Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc. (9th Cir. 2011). In 1977, Cubic, a US corporation, entered into……