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Case of the Day: Berkenhoff GmbH v. Global Trade Network, Inc.
The case of the day is Berkenhoff GmbH v. Global Trade Network, Inc. (S.D. Ohio 2012). The parties had a licensing dispute over a patent relating to electric discharge machining wire used in precision cutting. The parties arbitrated the dispute in Frankfurt. The award was in Berkenhoff’s favor, and Berkenhoff sought to confirm the award……
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Case of the Day: Servaas, Inc. v. Republic of Iraq
The case of the day is Servaas, Inc. v. Republic of Iraq (S.D.N.Y. 2012). According to the underlying judgment of the Paris Commercial Court, Servaas had a contract with the Ministry of Industry of Iraq for supply of equipment and machinery for a copper scrap refinery plant in Anbar Province. The contract, which the parties……
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Case of the Day: Devi v. Rajapaksa
The case of the day is Devi v. Rajapaksa (S.D.N.Y. 2012). The case arises out of the long and bloody civil war between the Sinhalese majority and the Tamil minority in Sri Lanka. The plaintiff, Vathsala Devi, is the widow of Thurairajasingham, also known as Colonel Ramesh. The defendant, Mahinda Rajapaksa, is the President of……
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Case of the Day: RPost Holdings, Inc. v. Kagan
The case of the day, RPost Holdings, Inc. v. Kagan (E.D. Tex. 2012), is yet another example of why you shouldn’t let your lawyer communicate with the plaintiff if you intend to duck service. RPost sued Dmitry Kagan for trademark and patent infringement on account of pointofmail.com, a website it alleged Kagan owned. RPost attempted……
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Case of the Day: Greatship (India) Ltd. v. Marine Logistics Solutions, LLC
The case of the day, Greatship (India) Ltd. v. Marine Logistics Solutions, LLC (S.D.N.Y. 2012), is another example of what I think is an unfortunate trend in the cases: application of ordinary notions of personal jurisdiction in recognition and enforcement proceedings. Greatship was the owner of two Indian-flagged anchor handling tug supply vessels, the Greatship……