PATENT LITIGATION IN MEXICO: OVERVIEW AND STRATEGY

Size: px
Start display at page:

Download "PATENT LITIGATION IN MEXICO: OVERVIEW AND STRATEGY"

Transcription

1 PATENT LITIGATION IN MEXICO: OVERVIEW AND STRATEGY SUBSTANTIVE ISSUES IN PATENT LITIGATION IN MEXICO Global E-Commerce Law and Business Report. September, Patent infringement actions. The Mexican Industrial Property Law (MIPL) states in Article 213 what is considered in Mexico as an Administrative Infringement, among which, Fractions XI to XIV refer specifically to patents. Accordingly, the patent holder or an authorized licensee can initiate an administrative infringement action against a natural or legal person that manufactures or produces products covered by a patent, sells or causes to be in commerce products covered by a patent, uses patented processes, and sells or causes to be in commerce products having the knowledge that they were obtained through a patented process. In addition, Fraction XXV of the same Article 213 contains a general provision for any action against the law that does not constitute a crime, which of course could be used in patent cases. For instance, according to Article 25 of the MIPL the patent holder has the exclusive right to impede other persons to manufacture, use, sell, put for sale or import patented products, as well as to impede other persons to use a patented process or to use, sell, put for sale or import products obtained through a patented process. Accordingly, although importation of patented products is not expressly defined as an administrative infringement in Article 213, it is an act reserved exclusively to the patent holder and, therefore, importation without permission is against Article 25 of the MIPL and could constitute an infringement under Fraction XXV of Article 213 of the MIPL. In order to prove infringement, the patent owner can ask the Mexican Institute of Industrial Property (MIIP) an inspection visit, as well as offer any other kind of proofs except for non-written testimonial and confessional proofs. In the case of process patents, the burden of the proof can be reverted to the alleged infringing party. That is, the defendant must prove that the products were manufactured through a different process if the product obtained through the process is new or if there exists a significant possibility that the product has been produced through the patented process and the patent owner has not been able to prove the process that was actually used. Finally, the following remedies to infringement are applied by the MIIP upon payment by the patent owner of an injunction bond through a proceeding that will be later explained:

2 To order the retirement from commerce or to impede commercialization of infringing products. To order the retirement from commerce of: o Objects used or manufactured illegally. o Infringing objects, packages, containers, boxes, papers, marketing materials o and the like. Gadgets or instruments designed for or used in manufacturing, elaboration or obtainment of infringing products. To immediately prohibit commercialization or use of infringing products. To seize goods. To order the infringing party or third parties (contributory infringement) to desist from the acts against the MIPL. To order the suspension of the services or to close down the establishments wherein the above measures are not enough for preventing further violations of the rights conferred by the MIPL. Once the infringement is proved, the person infringing the patent can be punished according to the severity of the infringement with a fine of up to 20,000 days of Mexico City s minimum wage (around USD) plus an additional fine of 500 days of Mexico City s minimum wage (around 2200 USD) per each day that the infringement continues, temporary 90 days closure of the company, definitive closure of the company and/or administrative arrest for 36 hours, independently of the damages and loses that might be claimed by the patent owner before a civil court based on the infringement declaration issued by the MIIP. Exemptions to infringement. According to Article 22 of the MIPL a patent cannot be enforced against a person that: Performs in the private or academic fields scientific and technological research activities of merely experimental, testing or teaching nature, provided they have no commercial purposes. Uses, commercializes or acquires the invention once it was lawfully introduced into the market (this has been interpreted as the national market). Has used or has initiated the necessary actions to start using the patented invention prior to the filing date or the priority date of the patent. Employs the invention in transport vehicles that are in transit within Mexico. Uses a patented living material as a source of variation or propagation for obtaining other products, if and only if this action is not reiterate. Uses, puts in the market or commercializes patented living material for purposes other than variation or propagation thereof once said materials were put in the market lawfully by the patent owner or its licensee (this also has been interpreted as the national market).

3 Patent cancellation actions. A patent can be challenged through an administrative procedure when the claimed invention does not comply with the basic requirements of patentability (Article 16 of the MIPL), when it cannot be considered as an invention (Article 19 of the MIPL) and when the description and claims are not enabling or are incomplete (Article 47 of the MIPL), when it was granted against the law in force at the moment of grant, when during prosecution the applicant incurred in an action that rendered the application abandoned, or when it was granted by a serious mistake or omission. In other words, patents are considered invalid when they claim inventions that are not novel, have not inventive step (are obvious), have not industrial use (have no utility), or claim subject matter that is considered non-patentable or that is not considered invention, such as essentially biological processes for producing, reproducing and propagating plants and animals; animal races; the human body and parts thereof; discoveries disclosing or uncovering something already existing in nature even if it was previously unknown to humankind; structures, plans, rules and methods of performing mental acts, games or business and mathematical methods; and computer programs, among others mentioned in Articles 16 and 19 of the MIPL. Patent cancellation actions are usually used as a defense against patent infringement actions, and may be declared partial in regard to specific claims or in the form of a clarification or precision in the claims. Patent non-use. A patent can be cancelled by the MIIP due to non-use of the invention only after two years of operation of a compulsory license (Fraction III of Article 80 of the MIPL) and only if the grant of the compulsory license did not remedy the lack of use of the invention or if the patent owner fails to prove at that time that it uses the patented invention or that there is a justified reason for such lack of use. In turn, any person can file an application for the grant of a compulsory patent license when the corresponding invention has not been used by the patent owner or its licensee in Mexico after three years as of the date of grant and if within one year as of the application for a compulsory license by a person, the patent owner failed to start the exploitation of the corresponding invention. Importation into Mexico of patented products or of products obtained by patented processes is considered use in Mexico. In view of this fact, namely, that for the purpose of granting compulsory licenses, the mere importation of the product is considered as use, the compulsory licensing system is practically inoperable

4 Patent prosecution hints. In general, failure to comply with any requirement having as a consequence the abandonment of the patent is a cause of nullity of the corresponding patent. Therefore, every action should be carefully reviewed to comply with the requirements. The following issues are important in patent prosecution in Mexico as certain practices can affect the validity of a patent because abandonment could be alleged in litigation after grant: If the division of an application is expressly required through an official action of the MIIP, the divisional application should be filed within the terms established by the law. Voluntary Divisional applications should be filed before completion of the prosecution stage of the parent application, that is, before the patent is either definitely rejected or granted. If a limitation requirement is issued by the MIIP asking for maintaining only certain subject matter in the application but the division is not expressly required, then it is highly preferable to file the voluntary divisional application at the moment of filing the reply to the official action that required the limitation of the patent application. Although certain official actions are issued by the MIIP stating that the applicant can file certain prior art documents in English language, the complete Spanish translations of such documents must be filed in all cases. To avoid excessive costs, in the practice some applicants authorize agents to file translations only of the relevant portions of the required documents. This practice has been accepted by the MIIP but could lead to invalidity of the issued patent in litigation. Failing to submit any document required by the MIIP during prosecution should be avoided. The official fees should be paid precisely and completely even if an unfair or mistaken requirement of the MIIP is being alleged when answering to an official action. When answering to objections the practice of circumventing the objection by amending the claims or the description without addressing specifically the objection should be avoided. For instance, an objection to novelty, inventive step or the like should be address specifically by providing the arguments necessary to overcome the objection, including an amendment of the claims, instead of following the practice of stating only that the set of claims is being modified to coincide with the claims of a granted US or EP patent. The current scenario for the proceedings of patent litigation in Mexico. As it was previously mentioned, the Mexican Institute of Industrial Property (MIIP) is the Governmental Office in charge of the patent enforcement and patent litigation procedures in our country, which follows the aforementioned general rulings. Due to the fact that the MIIP is an administrative entity dependant of the Ministry of the Federal Government, technically, every patent litigation case is not properly a trial due to the fact that judges do not decide administrative entities procedures.

5 This technical legal issue is the starting point to begin explaining how the Mexican Government, through its administrative offices and Administrative and Judicial Courts, is failing to achieve its duties regarding the patent prosecution and enforcement in Mexico. First of all, we must state that patent litigation cases (cancellation or infringement actions) are prosecuted before the MIIP following the general litigation procedure rulings such as an initial brief in which the plaintiff must offer all of its evidence including certified copies of all of the official documents from the MIIP. After the plaintiff files its initial brief, the MIIP will serve summon to the defendant party with a copy of all of documents and arguments against it. The defendant party will have a term of ten days to answer the plaintiff s initial brief in case of infringement actions, and a term of thirty days regarding cancellation actions based on the grounds of non use as well as on nullity actions. Regarding patent infringement actions, the possibility exists to initiate such procedure with an official inspection visit, commonly known as raid, in order to seize from the plaintiff s premises all of the infringing merchandise. In order to proceed with the seizure of all of the infringing products, it is compulsory to exhibit with the initial brief an injunction bond in order to guarantee to the alleged infringer the damages and losses that may be incurred against him. Unfortunately for our patent prosecution system, it is mandatory for the MIIP to release all of the seized merchandise if the defendant party exhibits a counter bond that guarantees back damages and loses to the plaintiff. This legal weapon for the defendant party really diminishes the whole idea of an enforcement action, considering that the very reason for the plaintiff to initiate an action against an infringer is precisely to stop the infringer s continued use of the patented process or product. Seizure actions related to patent cancellation procedures are not as common as in the infringement ones. Nevertheless, the plaintiff still has that legal opportunity if he exhibits an injunction bond to comply with the legal formalities. Regarding the seizure of infringing merchandise in any of the Mexican borders, the Mexican Customs Law (MCL) rules that in order to seize any patent or trademark infringing product it is mandatory for the plaintiff to give to the MIIP and to the Custom Border Office, detailed information to determine how does the infringing merchandise will enter Mexican territory, within a period of fifteen days. As we may notice, this ruling of the Mexican Customs Law is, with all due respect, a legal absurd because whereas it is quite impossible for the infringed patent owner to investigate or to determine in which transport and in which custom border control the patent infringing merchandise will access to Mexican territory.

6 We believe that such investigative tasks should be compulsory for the government entities such as the MIIP or the Custom Border Office and not to individuals who try to enforce its intellectual property rights. Notwithstanding the above, it is very important to highlight that in Mexico all of the administrative procedures as well as every kind of trial before any administrative authority or a judicial court, is always prosecuted through written statements rather than an oral type of prosecution system as it is handled in the non-romanist law systems. Coming back with the procedure before the MIIP, after both parties have settled the case with their initial and answer briefs, the MIIP will issue an official action in order to ask the parties for their final pleadings. Just after the MIIP receives the final pleadings from the parties it is now entitled to make a judgment of all of the evidence shown by the parties and issue an administrative decision in which it must rule against one of the parties. Unfortunately, due to a severe backlog of administrative work and a heavy personnel cut in the MIIP, it takes from twelve to twenty four months to issue a final decision regarding patent litigation procedures and in some cases that period is extended up to thirty six months if, for example, a patent infringement action is counter sued by the defendant party through a cancellation action based on nullity basis. As we may notice, the effectiveness of the patent litigation system is not very promising as it is now structured. However, the case gets worse if we analyze Mexican Administrative and Judicial Appealing System as it is currently conceived. The amendments to the Federal Administrative Procedure Law. Due to political pressures from some senators of the Mexican Congress and even the support of a former director of the MIIP, in April and March 2000, the Federal Administrative Procedure Law was amended in its article 1 in order to convey its application to practically every administrative office dependant from the Federal Government together with almost every administrative law such as the Mexican Industrial Property Law (MIPL) through the MIIP. On the other hand, in December 2000, article 11 of the Structure Law of the currently known as the Federal Court of Tax and Administrative Affairs (formerly known as the Federal Tax Court with exclusive jurisdiction for tax litigation) was amended to extend the jurisdiction of said court for the appealing of every final decision issued under the scope of the Federal Administrative Procedure Law. As we may deduce, the final decisions issued by the MIIP were now in hands of the formerly exclusive tax judges, and not in the hands of the District Judges, which already had the expertise in handling appealing procedures, related to Intellectual Property cases.

7 For the first time in the Mexican IP history, the appealing of IP procedures was now a duty of the administrative courts which by the way, are dependant from the Executive Power (Mexican President) as it is stated in the Mexican Constitution, and not in the hand of Federal Judicial System which is integrated by the District Courts, Circuit Courts and the Supreme Court. The chaos. This strong change almost provoked chaos for IP litigators in the first months that followed the period in which the amendments were fully in force, due to the fact that neither District Judges nor the Federal Court of Tax and Administrative Affairs judges were fully capable of determining whether or not to admit under their jurisdiction IP litigation appeals. Finally, Circuit Courts end even the Supreme Court issued their final criteria regarding this issue, determining that MIIP s final decisions should be appealed before the Federal Court of Tax and Administrative Affairs through a Federal Administrative Annulment Trial (FAAT), and against the FCTAA s decision, a Constitutional Action before the Circuit Courts could be filed as a last legal remedy. It is important to highlight that the FAAT was originally planed as a legal scenario to determine the validity of tax decisions and not to determine the validity of IP appeals. Therefore, IP appeal litigation has been suffering several problems and inconsistencies regarding the judge s criteria due to the fact that IP was a totally different and unknown subject for the FCTAA s judges. Another of the problems that were provoked by this legal scenario was again, a severe backlog in the issuance of final decisions by the FCTAA s judges. We already stated that a patent litigation procedure before the MIIP could take a period from 12 to 36 months to be finally decided; lets add another period from 12 to 24 months for the FCTAA s judges to issue their own decision against the MIIP s one, and against it, lets add another 12 to 18 months for the Circuit Court to issue its final decision for the Constitutional Action (Mexican Amparo). Taking into consideration that the validity of a patent has an unextendable term of 20 years, it seems that IP litigation in Mexico as it is now structured, really looses its sense as it is giving to the infringer the opportunity to enjoy a litigation period from 3 to 6 years. In some cases, patents in litigation expire while its validity was being questioned before the courts. The litigation period is not the only legal obstacle in this matter, some tax procedural technicalities are inevitable for patent litigation, such as the possibility for the parties to offer before the FCTAA, new evidence that was not originally offered and questioned by the parties before the MIIP.

8 Due to the above-mentioned problems, it seems compulsory to re-amend the Federal Administrative Procedure Law in order to deny its applicability to IP s administrative decisions, and consequently, avoid the jurisdiction of the FCTAA. Considering the above, it is thought that the best way to expedite the process of obtaining final decisions and to achieve a full governmental support for the enforcement of Patents and every other IP right, will be the creation of IP Specialized Courts through the process of summary judgments. However, it seems that this idea will have to stay frozen until our government, legislators and former MIIP s directors, finally take the responsibility to fully support the protection of IP rights through the correct application of the Mexican Industrial Property Law, as well as all of the International Treaties signed by our country in which the protection of IP Rights is conveying, although none of these International Treaties make compulsory for Mexico to create such kind of courts. Finally, due to the recent issuance of diverse jurisprudential criteria from the Mexican Supreme Court, technically, it now exists for some cases the possibility to avoid the jurisdiction of the FCTAA, and to give back to the District Courts their original Jurisdiction for IP appeal litigation cases. If such action is favorable, the whole litigation process will be expedited in a great manner in favor of the parties. However, this has been until now a non-common litigation strategy that should be considered on a case-by-case basis. Damages and loses. Article 221 of the MIPL rules the possibility for the IP titleholders to recover before a Civil Court damages and loses provoked by the infringing party. This article has recently come to the attention of several litigators, Civil Courts, and even the Supreme Court, due to the fact that such article does not specifically state if such Civil Action can be filed before filing the administrative action at the MIIP, or if the filing of the Civil Action at the Civil Courts should be held until the MIIP rules a final decision in the administrative procedure. Due to the fact that the Civil Process is by far a more expedite litigation scenario, and due to the fact that the MIPL states that the penalties for damages and loses would not be less than 40% of the total amount of sales of the infringing products, several cases have been initiated before the Civil Courts without initiating administrative actions before the MIIP. The Supreme Court is currently studying this case in order to issue a final jurisprudential decision regarding this matter.

9 Conclusions. 1. The Mexican Institute of Industrial Property (MIIP), currently needs heavy economic support from the Mexican Federal Government to hire more personnel and to instruct deeper the current one, in order to solve the severe backlog of administrative and litigation cases regarding patents and every other IP protected asset. 2. The Mexican Industrial Property Law (MIPL), the Federal Administrative Procedure Law (FAPL), the Mexican Customs Law (MCL) and even the Federal Criminal Code (FCC) need to be amended to eliminate some legal obstacles and inconsistencies in order to avoid the jurisdiction of the Federal Court of Tax and Administrative Affairs (FCTAA), in order to expedite the process of obtaining final decisions, and to achieve a full governmental support for the enforcement of Intellectual Property rights. 3. The creation of a Mexican Intellectual Property Court is currently an out of the question project. However, it is the highest advisable proposal to fully protect IP Rights and to properly comply with all of the International Treaties signed by Mexico in which the protection of IP Rights is conveying.

GLOBAL PATENT LITIGATION

GLOBAL PATENT LITIGATION GLOBAL PATENT LITIGATION Author Guide [A] Aim of the Publication Global Patent Litigation is a looseleaf which aims to fulfill the increasing need for quality information on the strategy and practical

More information

INDONESIA Patent Law as amended by Law No. 14 on August 1, 2001

INDONESIA Patent Law as amended by Law No. 14 on August 1, 2001 INDONESIA Patent Law as amended by Law No. 14 on August 1, 2001 TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS Article 1 CHAPTER II SCOPE OF PATENTS Part One Patentable Inventions Article 2 Article 3 Article

More information

Debt collection in Russia

Debt collection in Russia By Andrey Zelenin, Lidings Law Firm Debt collection in Russia Foreign companies doing business in Russia generally have several main options of dispute resolution to choose: (i) international commercial

More information

Legal FAQ: Introduction to Patent Litigation

Legal FAQ: Introduction to Patent Litigation Legal FAQ: Introduction to Patent Litigation by charlene m. morrow and dargaye churnet 1. Who enforces a patent? The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent

More information

Norway Advokatfirmaet Grette

Norway Advokatfirmaet Grette This text first appeared in the IAM magazine supplement Patents in Europe 2008 April 2008 Norway By Amund Brede Svendsen and Svein Ruud Johansen, Advokatfirmaet Grette, Oslo 1. What options are open to

More information

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the

More information

NPSA GENERAL PROVISIONS

NPSA GENERAL PROVISIONS NPSA GENERAL PROVISIONS 1. Independent Contractor. A. It is understood and agreed that CONTRACTOR (including CONTRACTOR s employees) is an independent contractor and that no relationship of employer-employee

More information

TITLE XVIII ENFORCEMENT AND RECOGNITION OF FOREIGN MONEY JUDGMENTS

TITLE XVIII ENFORCEMENT AND RECOGNITION OF FOREIGN MONEY JUDGMENTS TITLE XVIII ENFORCEMENT AND RECOGNITION OF FOREIGN MONEY JUDGMENTS 1 CHAPTER 1. ENFORCEMENT OF JUDGMENT... 3 18-1-1 Definitions... 3 18-1-2 Applicability... 3 18-1-3 Recognition and Enforcement... 3 18-1-4

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

EXTRADITION UP-TO-DATE FULL TEXT TRANSLATIONS. of the. EXTRADITION LAW and the

EXTRADITION UP-TO-DATE FULL TEXT TRANSLATIONS. of the. EXTRADITION LAW and the EXTRADITION UP-TO-DATE FULL TEXT TRANSLATIONS of the EXTRADITION LAW 5714-1954 and the EXTRADITION REGULATIONS (LAW PROCEDURES AND RULES OF EVIDENCE IN PETITIONS) 5731-1970 1. Extradition only under this

More information

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition)

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition) Chapter 153 2013 EDITION Violations and Fines VIOLATIONS (Generally) 153.005 Definitions 153.008 Violations described 153.012 Violation categories 153.015 Unclassified and specific fine violations 153.018

More information

Global Guide to Competition Litigation Japan

Global Guide to Competition Litigation Japan Global Guide to Competition Litigation Japan 2012 Table of Contents Availability of private enforcement in respect of competition law infringement and jurisdiction... 1 Conduct of proceedings and costs...

More information

Florida Senate - 2016 SB 872

Florida Senate - 2016 SB 872 By Senator Bean 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A bill to be entitled An act relating to federal immigration enforcement; providing a short title; creating

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405.

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405. CHAPTER 13 Arbitration 13.010 APPLICATION OF CHAPTER (1) This UTCR chapter applies to arbitration under ORS 36.400 to 36.425 and Acts amendatory thereof but, except as therein provided, does not apply

More information

TEXAS RULES OF CIVIL PROCEDURE

TEXAS RULES OF CIVIL PROCEDURE TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS Adopted by the Supreme Court of Texas Justice Court, Pct 1 1 of 24 TABLE OF CONTENTS SECTION 1. GENERAL... 6 RULE 523. DISTRICT

More information

DEBT RECOVERY IN BELGIUM Law Firm Van Dievoet, Jegers, Van der Mosen & Partners

DEBT RECOVERY IN BELGIUM Law Firm Van Dievoet, Jegers, Van der Mosen & Partners Error!Marcador no definido.introduction The implementation of Directive 2000/35/EC of the European Parliament and of the Council of June 29, 2000 into Belgian law The European directive had to be implemented

More information

IN THE SUPREME COURT, STATE OF WYOMING

IN THE SUPREME COURT, STATE OF WYOMING IN THE SUPREME COURT, STATE OF WYOMING October Term, A.D. 2014 In the Matter of the Amendments to the ) Rules of the Supreme Court of Wyoming ) ORDER AMENDING THE RULES OF THE SUPREME COURT OF WYOMING

More information

In-House Insurance Defense Counsel

In-House Insurance Defense Counsel In-House Insurance Defense Counsel Permissible Cost-Saving Measure or Impermissible Conflict of Interest? by Nathan Price Chaney Why have In-House Counsel? From Company s point of view: Control Effective

More information

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]

More information

GENERAL INFORMATION ON PATENTS

GENERAL INFORMATION ON PATENTS GENERAL INFORMATION ON PATENTS Why obtain a patent? Apatent is proof of the rights that one has in an invention. The rights provided by a patent constitute an exception to free market principles by granting

More information

A guide to patent litigation

A guide to patent litigation A guide to patent litigation Spain Freshfields Freshfields Bruckhaus Bruckhaus Deringer Deringer llp llp A guide to patent litigation in Spain a Spanish patent proceedings provide options and tools for

More information

51ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2013

51ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2013 SENATE BILL 1ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, INTRODUCED BY Joseph Cervantes 1 ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE AN ACT RELATING TO CIVIL ACTIONS; CLARIFYING

More information

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 SMALL CLAIMS INSTRUCTIONS FOR FILING ***EFFECTIVE JANUARY 1,

More information

Nebraska Loan Broker Act Chapter 45, Article 1, Section f 45-189 to 45-193

Nebraska Loan Broker Act Chapter 45, Article 1, Section f 45-189 to 45-193 45-189 Loan brokers; legislative findings. The Legislature finds that: Nebraska Loan Broker Act Chapter 45, Article 1, Section f 45-189 to 45-193 (1) Many professional groups are presently licensed or

More information

IP-Litigation in Germany. German and European Patent, Trademark and Design Attorneys Lawyers

IP-Litigation in Germany. German and European Patent, Trademark and Design Attorneys Lawyers IP-Litigation in Germany German and European Patent, Trademark and Design Attorneys Lawyers What is a litigation team in Germany? In contrast to litigation procedures in certain jurisdictions, in particular

More information

EXAMINATION CIVIL PROCEDURE II -- LAW 6213. Section 13 -- Siegel. Spring 2014 INSTRUCTIONS

EXAMINATION CIVIL PROCEDURE II -- LAW 6213. Section 13 -- Siegel. Spring 2014 INSTRUCTIONS GWid: EXAMINATION CIVIL PROCEDURE II -- LAW 6213 Section 13 -- Siegel Spring 2014 INSTRUCTIONS 1. This is an open book examination. You may use any written materials that you have brought with you (including

More information

PART II MUNICIPAL CODE Chapter 4 ALARM SYSTEMS AND PRIVATE SECURITY FIRMS ARTICLE II. ALARMS

PART II MUNICIPAL CODE Chapter 4 ALARM SYSTEMS AND PRIVATE SECURITY FIRMS ARTICLE II. ALARMS Sec. 4-31. Alarm permits. Sec. 4-32. Duties of the alarm user. Sec. 4-33. Duties of the alarm company. Sec. 4-34. User fees; false alarms. Sec. 4-35. Appeals. Sec. 4-36. Awareness class. Sec. 4-37. Penalty.

More information

West s Annotated MISSISSIPPI CODE

West s Annotated MISSISSIPPI CODE West s Annotated MISSISSIPPI CODE Using the Classification and Numbering System of the Mississippi Code of 1972 Title 73 Professions and Vocations 2002 Cumulative Annual Pocket Part Chapter 60 HOME INSPECTORS

More information

Executive summary and overview of the national report for Denmark

Executive summary and overview of the national report for Denmark Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,

More information

Present Situation of IP Disputes in Japan

Present Situation of IP Disputes in Japan Present Situation of IP Disputes in Japan Feb 19, 2014 Chief Judge Toshiaki Iimura 1 1 IP High Court established -Apr.1.2005- l Appeal cases related to patent rights etc. from district courts nationwide

More information

Prepared by: Hon. Duncan W. Keir, Judge U.S. Bankruptcy Court for the District of Maryland. and. Richard L. Wasserman, Esq.

Prepared by: Hon. Duncan W. Keir, Judge U.S. Bankruptcy Court for the District of Maryland. and. Richard L. Wasserman, Esq. Memorandum Summarizing Procedures With Respect To Removal Of Bankruptcy-Related State Court Actions To The United States District Court And United States Bankruptcy Court In Maryland Prepared by: Hon.

More information

NATURAL GAS ACT. (Note: All underlined material was added to the Natural Gas Act by the Energy Policy Act of 2005)

NATURAL GAS ACT. (Note: All underlined material was added to the Natural Gas Act by the Energy Policy Act of 2005) NATURAL GAS ACT Section 2 Section 3 Section 7 Section 15 Section 19 Section 21 Section 22 Definitions Exportation or importation of natural gas; LNG terminals Construction, extension, or abandonment of

More information

Supported by. World Trademark Review. Anti-counterfeiting. Poland. Contributing firm Patpol Patent & Trademark Attorneys.

Supported by. World Trademark Review. Anti-counterfeiting. Poland. Contributing firm Patpol Patent & Trademark Attorneys. Supported by World Trademark Review Anti-counterfeiting 2012 Poland Contributing firm A Global Guide Poland Contributing firm Authors Jaromir Piwowar and Bartek Kochlewski Legal framework Rights holders

More information

HOUSE BILL 1067. By Jernigan BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

HOUSE BILL 1067. By Jernigan BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: HOUSE BILL 1067 By Jernigan AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 17, relative to requiring reciprocal disclosure of witnesses prior to trial. BE IT ENACTED BY THE GENERAL ASSEMBLY

More information

Patent FAQ. A Patent as Property

Patent FAQ. A Patent as Property Patent FAQ Many questions arise in determining whether to seek patent protection for new inventive technology. This memorandum sets forth some of the information which one should know prior to pursuing

More information

Illinois Compiled Statutes. HIGHER EDUCATION (110 ILCS 1005/) Private College Act.

Illinois Compiled Statutes. HIGHER EDUCATION (110 ILCS 1005/) Private College Act. Illinois Compiled Statutes HIGHER EDUCATION (110 ILCS 1005/) Private College Act. (110 ILCS 1005/0.01) (from Ch. 144, par. 120) Sec. 0.01. Short title. This Act may be cited as the Private College Act.

More information

History: Add. 1971, Act 19, Imd. Eff. May 5, 1971; Am. 1976, Act 89, Imd. Eff. Apr. 17, 1976.

History: Add. 1971, Act 19, Imd. Eff. May 5, 1971; Am. 1976, Act 89, Imd. Eff. Apr. 17, 1976. MOTOR VEHICLE ACCIDENT CLAIMS ACT Act 198 of 1965 AN ACT providing for the establishment, maintenance and administration of a motor vehicle accident claims fund for the payment of damages for injury to

More information

A Bill Regular Session, 2015 SENATE BILL 830

A Bill Regular Session, 2015 SENATE BILL 830 Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 90th General Assembly A Bill Regular Session, 2015 SENATE BILL 830 By: Senator D. Sanders

More information

NEW YORK FALSE CLAIMS ACT

NEW YORK FALSE CLAIMS ACT NEW YORK FALSE CLAIMS ACT STATE FINANCE LAW, ART. XIII (2013) 187. SHORT TITLE This article shall be known and may be cited as the "New York false claims act". 188. DEFINITIONS As used in this article,

More information

CHAPTER 7. APPELLATE RULES MICHIGAN COURT RULES OF 1985

CHAPTER 7. APPELLATE RULES MICHIGAN COURT RULES OF 1985 CHAPTER 7. APPELLATE RULES MICHIGAN COURT RULES OF 1985 Subchapter 7.100 Appeals to Circuit Court Rule 7.101 Scope of Rules (A) Scope of Rules. The rules in this subchapter govern appeals to the circuit

More information

OWNERSHIP TO EMPLOYEE INVENTIONS WHEN THERE IS NO WRITTEN AGREEMENT

OWNERSHIP TO EMPLOYEE INVENTIONS WHEN THERE IS NO WRITTEN AGREEMENT DETERMINING OWNERSHIP OF EMPLOYEE INVENTIONS IN THE U.S. BY: Kenneth J. Rose, Esquire, The Rose Group, San Diego, California* Originally published in English and Japanese in International Legal Strategy,

More information

Accountability Report Card Summary 2013 Massachusetts

Accountability Report Card Summary 2013 Massachusetts Accountability Report Card Summary 2013 Massachusetts Massachusetts has a relatively good state whistleblower law: Scoring 64 out of a possible 100 points; and Ranking 11 th out of 51 (50 states and the

More information

RULE 39 OFFER TO SETTLE

RULE 39 OFFER TO SETTLE RULE 39 OFFER TO SETTLE Definitions (1) In this rule: Where available "defendant" includes "respondent"; "double costs" means double the fees allowed under Rule 60(2) and includes the disbursements allowed

More information

Lesson 1. Health Information and Litigation ASSIGNMENT 1. Objectives. Criminal versus Civil Law

Lesson 1. Health Information and Litigation ASSIGNMENT 1. Objectives. Criminal versus Civil Law Health Information and Litigation ASSIGNMENT 1 Read this entire introduction. Then read Chapter 1 in your textbook, Legal Aspects of Health Information Management. When you ve read all of the material

More information

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition) Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;

More information

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions

More information

Civil Suits: The Process

Civil Suits: The Process Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized

More information

Publicity and image rights in Mexico. By Carlos Trujillo

Publicity and image rights in Mexico. By Carlos Trujillo Publicity and image rights in Mexico By Carlos Trujillo In this modern times in which massive media makes the interchange of information so easy, be or not to be public in terms of privacy rights, turns

More information

SMALL CLAIMS PROCEDURE

SMALL CLAIMS PROCEDURE INDEX WHO CAN BE SUED IN SMALL CLAIMS Pg. 1 RESTRICTIONS ON CLAIM AMOUNTS Pg. 1 FILING FEES Pg. 1 OTHER LEGAL OPTIONS Pg. 1 HOW DO I FILE A CLAIM Pg. 2 WHERE SHOULD I FILE A SMALL CLAIM Pg. 2 WHAT HAPPENS

More information

Florida Senate - 2016 SB 336

Florida Senate - 2016 SB 336 By Senator Richter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A bill to be entitled An act relating to property insurance appraisals; creating part XIV of ch. 626, F.S.,

More information

ARTICLE XI ALARM SYSTEMS

ARTICLE XI ALARM SYSTEMS ARTICLE XI ALARM SYSTEMS Section 15-232. DEFINITIONS ALARM SYSTEM means a device or system that emits, transmits, or relays a signal that is intended to notify the public safety department of an unauthorized

More information

PERMANENT COURT OF ARBITRATION OPTIONAL RULES FOR ARBITRATING DISPUTES BETWEEN TWO STATES

PERMANENT COURT OF ARBITRATION OPTIONAL RULES FOR ARBITRATING DISPUTES BETWEEN TWO STATES PERMANENT COURT OF ARBITRATION OPTIONAL RULES FOR ARBITRATING DISPUTES BETWEEN TWO STATES 39 OPTIONAL ARBITRATION RULES TWO STATES CONTENTS Introduction 43 Section I. Introductory Rules 45 Scope of Application

More information

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Chapter 337-A: PROTECTION FROM HARASSMENT Table of Contents Part 12. HUMAN RIGHTS... Section 4651. DEFINITIONS... 3 Section 4652. FILING OF COMPLAINT; JURISDICTION...

More information

UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED

UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED Senate Bill 714 (as enacted) PUBLIC ACT 159 of 2014 Sponsor: Senator Tonya Schuitmaker Senate Committee: Judiciary House Committee: Judiciary

More information

Patent Litigation. Quick Guide to Proceedings in Germany HEUKING KÜHN LÜER WOJTEK

Patent Litigation. Quick Guide to Proceedings in Germany HEUKING KÜHN LÜER WOJTEK Patent Litigation Quick Guide to Proceedings in Germany HEUKING KÜHN LÜER WOJTEK Table of Contents I. Advantages of litigating in Germany 3 II. Patent Litigation System 4 III. Infringement and Nullity

More information

Michie's Legal Resources. This part shall be known and may be cited as the Tennessee Identity Theft Deterrence Act of 1999. [Acts 1999, ch. 201, 2.

Michie's Legal Resources. This part shall be known and may be cited as the Tennessee Identity Theft Deterrence Act of 1999. [Acts 1999, ch. 201, 2. http://www.michie.com/tennessee/lpext.dll/tncode/12ebe/13cdb/1402c/1402e?f=templates&... Page 1 of 1 47-18-2101. Short title. This part shall be known and may be cited as the Tennessee Identity Theft Deterrence

More information

Minnesota False Claims Act

Minnesota False Claims Act Minnesota False Claims Act (Minn. Stat. 15C.01 to.16) i 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.

More information

The trademark lawyer as brand manager

The trademark lawyer as brand manager The trademark lawyer as brand manager This text first appeared in the IAM magazine supplement Brands in the Boardroom 2005 May 2005 For further information please visit www.iam-magazine.com Feature The

More information

FALSE CLAIMS ACT STATUTORY LANGUAGE

FALSE CLAIMS ACT STATUTORY LANGUAGE 33 U.S.C. 3729-33 FALSE CLAIMS ACT STATUTORY LANGUAGE 31 U.S.C. 3729. False claims (a) LIABILITY FOR CERTAIN ACTS. (1) IN GENERAL. Subject to paragraph (2), any person who (A) knowingly presents, or causes

More information

Inspections and Access to Evidence in

Inspections and Access to Evidence in Inspections and Access to Evidence in Patent Litigation 10 th Annual Conference on Intellectual Property Law & Policy at Fordham IP Law Institute April, 12 th 2012, New York by Dr. Klaus Grabinski Judge

More information

CIVIL PRACTICE AND PROCEDURE GARNISHMENT CHAPTER 77

CIVIL PRACTICE AND PROCEDURE GARNISHMENT CHAPTER 77 CIVIL PRACTICE AND PROCEDURE GARNISHMENT CHAPTER 77 77.01 Right to writ of garnishment.--every person or entity who has sued to recover a debt or has recovered judgment in any court against any person

More information

Chapter 21 Credit Services Organizations Act

Chapter 21 Credit Services Organizations Act Chapter 21 Credit Services Organizations Act 13-21-1 Short title. This chapter is known as the "Credit Services Organizations Act." Enacted by Chapter 29, 1985 General Session 13-21-2 Definitions -- Exemptions.

More information

International Patent Litigation and Jurisdiction. Study of Hypothetical Question 1 Under the Hague Draft Convention and Japanese Laws

International Patent Litigation and Jurisdiction. Study of Hypothetical Question 1 Under the Hague Draft Convention and Japanese Laws International Patent Litigation and Jurisdiction Study of Hypothetical Question 1 Under the Hague Draft Convention and Japanese Laws Yoshio Kumakura Attorney at Law Nakamura & Partners 1 The 1999 Draft

More information

Representing Whistleblowers Nationwide

Representing Whistleblowers Nationwide Minnesota False Claims Act Minnesota Stat. 15C.01 to 15C.16) 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.

More information

World Book. Protection of IP Canada. www.plg.eu.com 1. TRADE-MARKS 1.1 INTRODUCTION 1.2 REGISTERED TRADE-MARKS

World Book. Protection of IP Canada. www.plg.eu.com 1. TRADE-MARKS 1.1 INTRODUCTION 1.2 REGISTERED TRADE-MARKS World Book 1. TRADE-MARKS 1.1 INTRODUCTION The Act relating to trade-marks and unfair competition (commonly known as the Trade-marks Act) governs trade-mark matters in and, as a federal law, receives application

More information

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any

More information

BILL ANALYSIS. Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted)

BILL ANALYSIS. Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted) BILL ANALYSIS Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT C.S.S.B. 1309 gives the State of Texas civil

More information

The Chinese Patent Law and ITS Comparison with the US Patent Law

The Chinese Patent Law and ITS Comparison with the US Patent Law The Chinese Patent Law and ITS Comparison with the US Patent Law Wang Jiabin, Liu Xuming, Kangxin Partners P.C. Introduction About the author: Jiabin Wang, JSD. is a Senior Consultant to Kangxin Partner,

More information

SHIP ARREST IN PANAMA.

SHIP ARREST IN PANAMA. SHIP ARREST IN PANAMA. The Republic of Panama with its strategic geographic position, democratic and stable government, and well established maritime judicial system, fully equipped to handle all types

More information

FEE SHIFTING IN PATENT LITIGATION

FEE SHIFTING IN PATENT LITIGATION FEE SHIFTING IN PATENT LITIGATION Sughrue Mion, PLLC Abraham J. Rosner May 2014 I. BACKGROUND In the U.S., each party to litigation ordinarily pays its own attorney fees regardless of the outcome (called

More information

WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs)

WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) IP Law and Administration in the State of Qatar by Malik Al-Kammaz Saba

More information

TRANSCRIPT FROM THE RECORD OF JUDGMENTS OF THE MARITIME AND COMMERCIAL COURT IN COPENHAGEN RULING

TRANSCRIPT FROM THE RECORD OF JUDGMENTS OF THE MARITIME AND COMMERCIAL COURT IN COPENHAGEN RULING - PBA TRANSCRIPT FROM THE RECORD OF JUDGMENTS OF THE MARITIME AND COMMERCIAL COURT IN COPENHAGEN RULING given on 11 December 2014 A- 38-14 1) Fritz Hansen A/S 2) Louis Poulsen Lighting A/S 3) Carl Hansen

More information

Patent Litigation in Germany An Introduction (I)

Patent Litigation in Germany An Introduction (I) Patent Litigation in Germany An Introduction (I) By Prof. Dr. Heinz Goddar, Dr. jur. Carl-Richard Haarmann Prof. Dr. Heinz Goddar Senior Partner, Boehmert & Boehmert, Munich, and Honorary Professor for

More information

HB 2845. Introduced by Representative Patterson AN ACT

HB 2845. Introduced by Representative Patterson AN ACT REFERENCE TITLE: state false claims actions State of Arizona House of Representatives Fiftieth Legislature Second Regular Session HB Introduced by Representative Patterson AN ACT AMENDING TITLE, ARIZONA

More information

LAW OF MONGOLIA ON ELECTRONIC SIGNATURE

LAW OF MONGOLIA ON ELECTRONIC SIGNATURE LAW OF MONGOLIA ON ELECTRONIC SIGNATURE December 15, 2011 Ulaanbaatar CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose of the law 1.1 The purpose of this Law is to determine the legal base of using electronic

More information

Independent Contractor Agreement (Long Form)

Independent Contractor Agreement (Long Form) Independent Contractor Agreement (Long Form) This Agreement is made between Babson College ("College"), a Massachusetts non-profit corporation with a principal place of business at 231 Forest Street, Babson

More information

Accountability Report Card Summary 2013 Pennsylvania

Accountability Report Card Summary 2013 Pennsylvania Accountability Report Card Summary 2013 Pennsylvania Pennsylvania has a passable state whistleblower law: Scoring 61 out of a possible 100; Ranking 17 th out of 51 (50 states and the District of Columbia).

More information

Provided By Touchstone Consulting Group Workers Compensation Employer Penalties

Provided By Touchstone Consulting Group Workers Compensation Employer Penalties Provided By Touchstone Consulting Group Workers Compensation Employer New Jersey s workers compensation laws determine the benefits available to employees who are injured in the course and scope of employment.

More information

MINNESOTA FALSE CLAIMS ACT. Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them.

MINNESOTA FALSE CLAIMS ACT. Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. As amended by Chapter 16 of the 2013 Minnesota Session Laws. 15C.01 DEFINITIONS MINNESOTA FALSE CLAIMS ACT Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings

More information

SENATE FILE NO. SF0083. Senator(s) Peterson and Representative(s) Harvey A BILL. for. AN ACT relating to Medicaid; creating the Wyoming Medicaid

SENATE FILE NO. SF0083. Senator(s) Peterson and Representative(s) Harvey A BILL. for. AN ACT relating to Medicaid; creating the Wyoming Medicaid 0 STATE OF WYOMING LSO-0 SENATE FILE NO. SF00 Medicaid fraud recovery. Sponsored by: Senator(s) Peterson and Representative(s) Harvey A BILL for AN ACT relating to Medicaid; creating the Wyoming Medicaid

More information

STATES DISTRICT COURT EASTERN DISTRICT OFMICHIGAN SOUTHERN DIVISION. Plaintiff, v. Case No. Hon. Magistrate Judge UNITED STATES DEPARTMENT OF JUSTICE,

STATES DISTRICT COURT EASTERN DISTRICT OFMICHIGAN SOUTHERN DIVISION. Plaintiff, v. Case No. Hon. Magistrate Judge UNITED STATES DEPARTMENT OF JUSTICE, 2:13-cv-12939-PJD-MJH Doc # 1 Filed 07/06/13 Pg 1 of 11 Pg ID 1 DETROIT FREE PRESS, a Michigan corporation, STATES DISTRICT COURT EASTERN DISTRICT OFMICHIGAN SOUTHERN DIVISION Plaintiff, v. Case No. Hon.

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to May 30, 2012. It is intended for information and reference purposes only. This

More information

Arizona Administrative Procedure Act Arizona Revised Statutes, Title 41, Chapter 6, Articles 1 through 10

Arizona Administrative Procedure Act Arizona Revised Statutes, Title 41, Chapter 6, Articles 1 through 10 The Administrative Procedure Act became effective January 1, 1995, with a general effective date of September 12, 2013. Please note however some section effective dates may be retroactive or may have a

More information

NC General Statutes - Chapter 15A Article 17 1

NC General Statutes - Chapter 15A Article 17 1 SUBCHAPTER III. CRIMINAL PROCESS. Article 17. Criminal Process. 15A-301. Criminal process generally. (a) Formal Requirements. (1) A record of each criminal process issued in the trial division of the General

More information

SMALL CLAIMS DIVISION INFORMATION

SMALL CLAIMS DIVISION INFORMATION SMALL CLAIMS DIVISION INFORMATION PARTIES The individual or corporation who initiates an action is known as the plaintiff. The individual or corporation against whom an action is brought is known as the

More information

Delete Regulation 73-40(1)-(36) and replace with the proposed regulations (73-400 through 73-422).

Delete Regulation 73-40(1)-(36) and replace with the proposed regulations (73-400 through 73-422). SOUTH CAROLINA LAW ENFORCEMENT DIVISION CHAPTER 73 Statutory Authority: 1976 Code Section 40-18-30 (Administrative Regulations - Effective June 23, 2006) Instructions: Delete Regulation 73-40(1)-(36) and

More information

ARIZONA. Title 10 - Corporations and Associations

ARIZONA. Title 10 - Corporations and Associations ARIZONA Title 10 - Corporations and Associations Chapter 24 GENERAL PROVISIONS-NONPROFIT CORPORATIONS Short Title 10-3101. Short title Chapters 24 through 40 shall be known and may be cited as the Arizona

More information

SMALL CLAIMS COURT INFORMATION

SMALL CLAIMS COURT INFORMATION Clark County District Court SMALL CLAIMS COURT INFORMATION INTRODUCTION The Small Claims Department of District Court allows a person or business with a legal dispute to sue without hiring an attorney.

More information

Creditor Lawsuits Handbook

Creditor Lawsuits Handbook Creditor Lawsuits Handbook In Magisterial District Court A Handbook for people dealing with creditor lawsuits, including information on such suits and common defenses. Revised July 2009 Introduction This

More information

Hunt Biggs LLP is a multi-discipline practice existing under the laws of the Province of Ontario, Canada and the Law Society of Upper Canada.

Hunt Biggs LLP is a multi-discipline practice existing under the laws of the Province of Ontario, Canada and the Law Society of Upper Canada. Hunt Biggs LLP provides a full range of Intellectual Property Services. Our goal is to deliver personalized high quality Intellectual Property services in a direct, approachable and cost effective way.

More information

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation On January 1, 2012, new rules approved by the Colorado Supreme Court entitled the Civil Access Pilot Project ( CAPP

More information

COMPANY WINDING UP AND LIQUIDATION IN CHINA by Editorial Staff writer

COMPANY WINDING UP AND LIQUIDATION IN CHINA by Editorial Staff writer COMPANY WINDING UP AND LIQUIDATION IN CHINA by Editorial Staff writer INTRODUCTION In the People s Republic of China ( PRC ), winding up is broadly divided into insolvency winding up and winding up by

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION GENERAL ELECTRIC COMPANY, Plaintiff, v. Civil Action No. MITSUBISHI HEAVY INDUSTRIES, LTD., MITSUBISHI HEAVY

More information

NEW YORK FALSE CLAIMS ACT

NEW YORK FALSE CLAIMS ACT . NEW YORK FALSE CLAIMS ACT New York State Finance Law Chapter 56. Of the Consolidated Laws Article XIII. New York False Claims Act 187. Short title This article shall be known and may be cited as the

More information

MECKLENBURG COUNTY FALSE ALARM ORDINANCE. SECTION 1. DEFINITIONS Page 2-3. SECTION 2. ALARM USER PERMITS REQUIRED Page 3

MECKLENBURG COUNTY FALSE ALARM ORDINANCE. SECTION 1. DEFINITIONS Page 2-3. SECTION 2. ALARM USER PERMITS REQUIRED Page 3 MECKLENBURG COUNTY FALSE ALARM ORDINANCE SECTION 1. DEFINITIONS Page 2-3 SECTION 2. ALARM USER PERMITS REQUIRED Page 3 SECTION 3. ISSUANCE OF PERMIT DECALS Page 4 SECTION 4. MULTIPLE ALARM SYSTEMS Page

More information

STANDARD PURCHASE ORDER TERMS AND CONDITIONS

STANDARD PURCHASE ORDER TERMS AND CONDITIONS STANDARD PURCHASE ORDER TERMS AND CONDITIONS BUYER AND SELLER SHALL ABIDE BY THE FOLLOWING TERMS AND CONDITIONS 1. FORMATION These Terms and Conditions are the only Conditions upon which the Buyer deals

More information

Case 0:15-cv-60423-WJZ Document 6-2 Entered on FLSD Docket 03/03/2015 Page 1 of 21

Case 0:15-cv-60423-WJZ Document 6-2 Entered on FLSD Docket 03/03/2015 Page 1 of 21 Case 0:15-cv-60423-WJZ Document 6-2 Entered on FLSD Docket 03/03/2015 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 0:15-cv-60423-WJZ FEDERAL TRADE COMMISSION, STATES

More information

Recent developments regarding Mexico s tax treaty network and relevant court precedents

Recent developments regarding Mexico s tax treaty network and relevant court precedents Recent developments regarding Mexico s tax treaty network and relevant court precedents Mexico has a relatively short background on the negotiation and application of treaties for the avoidance of double

More information

PLEA AGREEMENT. Cromwell, LLP, and the District Attorney of the County of New York ( DANY )

PLEA AGREEMENT. Cromwell, LLP, and the District Attorney of the County of New York ( DANY ) PLEA AGREEMENT 1. BNP Paribas, SA ( BNPP ), by and through its attorneys, Sullivan & Cromwell, LLP, and the District Attorney of the County of New York ( DANY ) enter into this Plea Agreement (the Agreement

More information