Declaratory judgment

Arbitrator Rules in Favor of Daiichi Sankyo in Dispute with Seagen

Retrieved on: 
Saturday, August 13, 2022
Oncology, Professional Services, Health, Legal, Health Technology, Pharmaceutical, Biotechnology, ADC, Cardiovascular disease, Sustainable development, CEO, American Arbitration Association, Technology, Cancer, Quality of life, Patient, Company, Control, District court, Daiichi Sankyo, Ownership, Declaratory judgment, American, Douglas v. U.S. District Court ex rel Talk America, Fine chemical, Pharmaceutical industry, Seagen

An arbitrator issued a decision today in a dispute between Daiichi Sankyo Company, Ltd. and Seagen, Inc., denying all claims made by Seagen.

Key Points: 
  • An arbitrator issued a decision today in a dispute between Daiichi Sankyo Company, Ltd. and Seagen, Inc., denying all claims made by Seagen.
  • Specifically, Daiichi Sankyo retains all patent rights to its antibody drug conjugate (ADC) technology and will continue to develop and commercialize these medicines as planned.
  • In November 2019, Daiichi Sankyo filed a Declaratory Judgment action in the District Court of Delaware against Seagen in response to communications from Seagen claiming certain intellectual property rights related to Daiichi Sankyos ADC technology.
  • In response, Seagen filed an arbitration demand in connection with the dispute with the American Arbitration Association in the same month, resulting in an arbitration and todays decision.

Body Fit Training PTY LTD Sues to Invalidate F45 Training PTY LTD’s U.S. Patents

Retrieved on: 
Tuesday, September 15, 2020
Retail, Health, Sports, Other Sports, Fitness & Nutrition, Specialty, F45 Training, Gyms, F45, Declaratory judgment

On August 6, 2020, Body Fit Training PTY LTD, in cooperation with Body Fit Training USA, Inc. (collectively, BFT) and World Class Functional Training, LLC, filed suit in the United States District Court, Central District of California against F45 Training PTY LTD and its El Segundo-based parent, F45 Training Holdings, Inc., seeking a Declaratory Judgment that two U.S. patents owned by F45 are both invalid and not infringed by BFT.

Key Points: 
  • On August 6, 2020, Body Fit Training PTY LTD, in cooperation with Body Fit Training USA, Inc. (collectively, BFT) and World Class Functional Training, LLC, filed suit in the United States District Court, Central District of California against F45 Training PTY LTD and its El Segundo-based parent, F45 Training Holdings, Inc., seeking a Declaratory Judgment that two U.S. patents owned by F45 are both invalid and not infringed by BFT.
  • Four weeks later, on September 4, 2020, F45 filed a retaliatory lawsuit in Delaware asserting that BFT infringes one of its patents.
  • These lawsuits are part of an ongoing global dispute between BFT and F45 over the technology and business strategy of their respective fitness companies.
  • Body Fit Training PTY LTD is the fastest-growing fitness franchise in Australia, with over 150 franchises sold across Australia, New Zealand, Singapore and the U.S since April 2018.

Grant & Eisenhofer Files Class Actions on Behalf of Restaurants, Bars and Fitness Centers Nationally that Suffered Losses Following COVID-19 Shutdowns

Retrieved on: 
Tuesday, August 25, 2020
Grant & Eisenhofer, Declaratory judgment

The suits were brought on behalf of a fitness center in Tennessee and a group of Philadelphia cafs and wine and beer bars, respectively.

Key Points: 
  • The suits were brought on behalf of a fitness center in Tennessee and a group of Philadelphia cafs and wine and beer bars, respectively.
  • The lawsuits seek declaratory judgments that losses suffered due to COVID-related shutdowns are covered by the plaintiffs' insurance policies.
  • On Aug. 25 Grant & Eisenhofer filed suit on behalf of Tria Caf, Alaska Caf, and Tria Taproom, related businesses located in Philadelphia.
  • On Aug. 20 Grant & Eisenhofer filed suit on behalf of NBS Fitness, a gym in Cordova, Tenn., east of Memphis.

BioSpyder Files Action Against HTG Molecular Diagnostics in Federal Court

Retrieved on: 
Thursday, August 13, 2020
Research, Professional services, Pharmaceutical, Medical devices, Technology, Infectious diseases, Genetics, Science, Legal, Nanotechnology, Biotechnology, Health, Civil procedure, Declaratory judgment, Equity, Judgment, Patent infringement

On Wednesday, August 12, 2020, BioSpyder Technologies, Inc. (BioSpyder) filed a civil action in the federal court for the Northern District of California, seeking a declaratory judgment that the BioSpyder TempO-Seq gene expression profiling assay does not infringe any valid claim in U.S. Patent No.

Key Points: 
  • On Wednesday, August 12, 2020, BioSpyder Technologies, Inc. (BioSpyder) filed a civil action in the federal court for the Northern District of California, seeking a declaratory judgment that the BioSpyder TempO-Seq gene expression profiling assay does not infringe any valid claim in U.S. Patent No.
  • HTG Molecular Diagnostics, Inc. (HTG) has repeatedly and baselessly asserted that BioSpyder has infringed the 564 patent.
  • To counter HTGs unfounded and reckless allegations of patent infringement, BioSpyder filed the declaratory judgment action to vindicate itself and its technology.
  • Since our founding in 2011, BioSpyder has respected the intellectual property of those who have blazed a trail before us, said Joel McComb, CEO of BioSpyder.

Ohio law firms represent local restaurants and retailer: Marble Room, Lockkeepers, Il Venetian, and J3 Clothing Company file Ohio's first coronavirus insurance coverage lawsuits

Retrieved on: 
Wednesday, April 15, 2020
Insurance, Insurance industry, Declaratory judgment

Following the lead of other restaurants, such as The French Laundry owned by Thomas Keller, the Cleveland restaurants filed their lawsuit against Cincinnati Insurance Company in Cuyahoga County Common Pleas Court.

Key Points: 
  • Following the lead of other restaurants, such as The French Laundry owned by Thomas Keller, the Cleveland restaurants filed their lawsuit against Cincinnati Insurance Company in Cuyahoga County Common Pleas Court.
  • The suit seeks a declaratory judgment that insurance coverage for business interruption losses sustained due to the ongoing pandemic is justified.
  • J3 Clothing Company filed its lawsuit against the Lightning Rod Mutual Insurance Company, part of the Western Reserve Group, also in Cuyahoga County, where it is assigned to Judge Nancy Fuerst.
  • The partnership between the firms will provide businesses like Marble Room, Il Venetian, Lockkeepers, and J3 decades of litigation and insurance coverage experience.

Celmatix Files $100 Million lawsuit against 23andMe

Retrieved on: 
Tuesday, December 10, 2019
Branches of biology, Contract law, Applied genetics, Genetics, Law, Equity, Tort law, Tortious interference, 23andMe, Contract, Tort, Declaratory judgment

The lawsuit, filed by Pierce Bainbridge on behalf of Celmatix, Inc. which seeks declaratory relief and damages in excess of $100 million, is based on 23andMe's breaches of the parties' agreement and tortious interference with Celmatix's efforts to raise capital.

Key Points: 
  • The lawsuit, filed by Pierce Bainbridge on behalf of Celmatix, Inc. which seeks declaratory relief and damages in excess of $100 million, is based on 23andMe's breaches of the parties' agreement and tortious interference with Celmatix's efforts to raise capital.
  • Prior to its relationship with 23andMe, Celmatix had established itself as a leader in the female reproductive health space.
  • Celmatix also partnered with 23andMe to conduct an ambitious, first-of-its-kind fertility research community study.
  • However, because 23andMe breached its contractual obligations, Celmatix was unable to bring the intended new products to the market.

Mesabi Trust Press Release

Retrieved on: 
Monday, December 9, 2019
Banking, Professional services, Finance, Equity, Geology of Minnesota, Mining, Economic geology, Iron mining, Mesabi Range, Law, Cleveland-Cliffs Inc., Trust law, Declaratory judgment, Royalty payment

The Trustees of Mesabi Trust (NYSE:MSB) today reported that the Trust has initiated arbitration against Northshore Mining Company and its parent, Cleveland-Cliffs Inc. (jointly, the Operator), the lessee/operator of the leased lands.

Key Points: 
  • The Trustees of Mesabi Trust (NYSE:MSB) today reported that the Trust has initiated arbitration against Northshore Mining Company and its parent, Cleveland-Cliffs Inc. (jointly, the Operator), the lessee/operator of the leased lands.
  • The Trust asserts claims concerning the calculation of royalties related to the production, shipment and sale of iron ore, including DR-grade pellets.
  • Based on information currently available to the Trust, the Trust seeks an award of damages, along with specific performance and declaratory relief.
  • Although the Mesabi Trustees believe that any such forward-looking statements are based on reasonable assumptions, such statements are subject to risks and uncertainties, which could cause actual results to differ materially.

Myco Industries, Inc. is Granted a Preliminary Injunction Against BlephEx and Its CEO, James Rynerson

Retrieved on: 
Tuesday, September 17, 2019
Equity, Injunction, Declaratory judgment, BlephEx, Myco

Drain issued a preliminary injunction on August 27th, enjoining BlephEx and its CEO James Rynerson from making allegations of patent infringement and threatening litigation against potential customers of Myco.

Key Points: 
  • Drain issued a preliminary injunction on August 27th, enjoining BlephEx and its CEO James Rynerson from making allegations of patent infringement and threatening litigation against potential customers of Myco.
  • Myco filed its lawsuit against BlephEx in March seeking declaratory judgment of noninfringement and bringing claims for unfair competition against BlephEx.
  • A copy of Myco's complaint against BlephEx and its CEO James Rynerson, as well as the preliminary injunction that was granted to Myco may be found at this link: https://www.ab-max.com/wp-content/uploads/2019/07/011-Amended-Myco_s-Mtn...
    Myco Industries, Inc. has been designing and manufacturing ophthalmic/optometric devices since 1993.
  • Our mission is to help health care professionals provide the best possible care with the best possible outcomes through innovation.

Federal Court Dismisses a Majority of SmileDirectClub's Claims, and Finds that SmileDirectClub's Digital Scans Constitute the "Practice of Dentistry"

Retrieved on: 
Wednesday, May 15, 2019
Civil procedure, Declaratory judgment, Equity, Judgment, Lawsuit

ST. LOUIS, May 15, 2019 /PRNewswire/ -- On May 21, 2018, SmileDirectClub filed a lawsuit against the Georgia Board of Dentistry (the "Board") in federal court.

Key Points: 
  • ST. LOUIS, May 15, 2019 /PRNewswire/ -- On May 21, 2018, SmileDirectClub filed a lawsuit against the Georgia Board of Dentistry (the "Board") in federal court.
  • The only claims not dismissed by the Court were those claims against the individual members seeking non-monetary relief.
  • In addition, the Court rejected SmileDirectClub's claim seeking a declaratory judgment that its digital scanning of patients' teeth does not constitute the "practice of dentistry or dental hygiene."
  • Accordingly, SmileDirect has failed to state a plausible claim for declaratory relief, and the Defendant's Motion to Dismiss [Doc.

EWTN Wins Lawsuit Over HHS Contraception Mandate

Retrieved on: 
Friday, November 30, 2018
Equity, Patient Protection and Affordable Care Act, Birth control in the United States, EWTN, Contraceptive mandate, Irondale, Alabama, Injunction, Declaratory judgment, Lawsuit, Christian media, Religious broadcasting, Law

IRONDALE, Ala., Nov. 30, 2018 /PRNewswire/ -- Following a legal battle that has lasted nearly seven years, EWTN Global Catholic Network has prevailed in its lawsuit against the U.S. government over what has become known as the "HHS Contraception Mandate."

Key Points: 
  • IRONDALE, Ala., Nov. 30, 2018 /PRNewswire/ -- Following a legal battle that has lasted nearly seven years, EWTN Global Catholic Network has prevailed in its lawsuit against the U.S. government over what has become known as the "HHS Contraception Mandate."
  • That lawsuit sought an injunction against the imposition of the mandate as well as a declaratory judgement that it was unconstitutional.
  • On Oct. 28, 2013, EWTN filed a new lawsuit against the mandate after the promised revisions failed to address the Network's objections.
  • Attorneys for EWTN and the Department of Justice negotiated terms and the government agreed that it would not enforce the HHS Mandate against EWTN.