Author: Ted Folkman

  • 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……

  • 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……

  • 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……