Author: Ted Folkman

  • Case of the Day: Coloplast v. Generic Medical Devices

    In today’s case of the day, Coloplast A/S v. Generic Medical Devices, Inc. (W.D. Wash. 2011), Coloplast, a Danish firm, sued Generic Medical for patent infringement. Generic Medical moved to compel Coloplast to produce documents in the possession of Poges, one of its French subsidiaries. The judge’s Aérospatiale analysis was a bit dodgy. Generic argued……

  • The Year In Review 2: New Parties To The Conventions

    This is the second in my “year in review” series of posts. For those of you who keep track of which states are parties to which conventions—a handy thing to do—here is a list of the new state parties to the various judicial assistance conventions we cover here at Letters Blogatory. Hague Service Convention Malta,……

  • The Year In Review 1: Service By Email Under The Hague Service Convention

    This is the first in a series of “year in review” posts, where I eschew my usual “case of the day” format and comment more generally on some issues from the past year that seem significant to me. The topic of this post is service of process via email. Does the Hague Service Convention permit……

  • Post of the Day: Louis Solomon on Heiser v. Iran

    I’d like to draw readers’ attention to Louis Solomon’s post on Heiser v. Iran (D.D.C. 2011). Heiser involves the Foreign Sovereign Immunities Act’s limitations on attachment or levy of execution on the assets of foreign states or their instrumentalities.

  • 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……