Spoken Injustice’s Post

PTAB Petitions should be prepared carefully, with attention to qualifying prior art references. #ptab #patentlaw

March's Adjudication Matters is now live. In this month's edition, Carly Thorpe, Sam Parkinson, and Julia Bates review 3 recent cases which demonstrate that adjudication is a fast-moving legal area. Explore the update below. #Adjudication #ConstructionLaw #WalkerMorris #ForgeYourOwnPath

Looking for a full introduction to adjudication? In this article, we take you through the popular form of dispute resolution, explaining what it is, when it might be appropriate and how to be successful https://buff.ly/3iRLxbA

Have you read our April edition of Adjudication Matters? https://lnkd.in/e4-P5X4P In April we discussed 3 recent cases which relate to the following topics: 1. The interpretation of conclusive evidence clauses. 2. Re-adjudicating an issue in light of new evidence. 3. The court enforces an adjudicator’s decision even where the adjudicator has made an error. #adjudication #adjudicationenforcement #adjudicationmatters #walkermorris

Can a Defendant only challenge the Court’s jurisdiction/the validity of the claim form, following a failure to serve a claim form on time, by filing an acknowledgment of service (notwithstanding it was late service) and making an application under CPR Part 11? James Frampton, instructed by Mayer Brown LLP, acted for the Second Defendant. This case dealt with the question of, when service by DX occurs, when a party is to be treated as having accepted service by fax and, most interestingly, how CPR Part 11 applies in circumstances where the Defendants contend there is no valid service. The latter issue is still in part to be resolved by a further hearing later this year. A copy of the judgment is available on our website here: https://lnkd.in/eTKKe_m6

An undesirable inconsistency about an important matter of class action procedure directly affects the process by which class actions may be settled. Read more about what this divergence between the Federal and NSW Courts means for future class actions: https://ow.ly/46Yq50RQze4 By: Greg Williams, Will Atfield, Alex Corsaro and Bridget Lorenz

You can read up on the latest developments on class closure in class actions in an article my colleagues and I wrote here -

In the latest in our ongoing series of case reviews and analysis published today, we review a Court of Appeal case which considered an appeal against the striking out of a claim where lengthy delays were partly attributable to the court’s own errors. The review highlights that the decision very much turned on its facts, and is a useful guide on the application of CPR 3.4(2)(b) - and a timely reminder of the procedural issue in ensuring that matters remitted to the FTT are transferred correctly. Read the article in full here: https://lnkd.in/e8gsUSWt

Crowell & Moring’s Deborah Yellin comments on the top PTAB developments of 2023, including the compelling merits standard. Read more in Law360:

EXPERT EVIDENCE: AN EXAMPLE OF AN EXPERT BEING UNBALANCED (FROM 2015).