LATEST SUMMARIES

ADMINISTRATIVE LAW, GOVERNMENT LAW, INTERNATIONAL TRADE, TAX LAW
• Airflow Technology, Inc. v. U.S.

CIVIL PROCEDURE, COPYRIGHT, INTELLECTUAL PROPERTY, PATENT
• Litecubes, LLC v. N. Light Prods., Inc.

LATEST SUMMARIES

ADMINISTRATIVE LAW, GOVERNMENT LAW, INTERNATIONAL TRADE, TAX LAW
Airflow Technology, Inc. v. U.S., No. 2007-1384
In a customs case concerning the classification of an air filter for import duty purposes, summary judgment for the government is reversed and the case remanded where: 1) the term "straining cloth" applies only to products that separate solids from liquids; and 2) the court concludes that the meaning of the phrase "of a kind used in oil presses or the like" means "of a kind used in oil presses or other mechanisms that separate solids from liquids." Read more...

CIVIL PROCEDURE, COPYRIGHT, INTELLECTUAL PROPERTY, PATENT
Litecubes, LLC v. N. Light Prods., Inc., No. 2006-1646
In a patent and copyright infringement case, denial of a motion to dismiss by the defendant-appellant for lack of subject matter jurisdiction and the denial of a judgment as a matter of law (JMOL) is affirmed where: 1) the district court need not consider whether the alleged patent infringement occurred in the U.S. in order to determine subject matter jurisdiction; 2) the extraterritorial limits of the Copyright Act apply to the elements of the claim, and not to the question of subject matter jurisdiction; 3) the court predicts that Eighth Circuit law would find that the term "sale" should be interpreted consistently in copyright and patent law; and 4) there was sufficient evidence for the jury verdict and the denial of a JMOL. Read more...