The Northern District of Georgia is well-known for its heavy reliance on special masters in patent cases. A recent study indicated that, though it accounts for just 4% of patent cases filed nationwide, the Northern District accounts for over 11% of the patent cases in which a special master is appointed.[1] In fact, if it were not for a rash of 17 related Central District of California patent cases in which a master was employed, the Northern District would lead the country in special master usage rate.Federal Rule of Civil Procedure 53 lays out the scope and procedure of a master's appointment and defines the master's authority and duties in a given proceeding. Among other things, a special master may "address pretrial and posttrial matters that cannot be effectively and timely addressed by an available district judge or magistrate judge of the district."[2] A special master may, unless the district judge's order otherwise directs, (a) regulate all proceedings; (b) … [Read more...] about Special Master Issues Report and Recommendation on Claim Construction in Sewer Nozzle Patent Case
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Payback: Lawyers on Both Sides of Collection are Feeling Debt’s Sting
Adam Krohn sues debt collectors for unfair practices, but he found himself in a role reversal last year when calling a fellow California lawyer who owed him money on a judgment.“He told me, ‘Come get it. I want you to know what it’s like to try to collect a debt,’ ” recalls Krohn. So he had a writ of execution served on Scott Carruthers, who Krohn says picked up another $90 in costs for the pleasure of teasing his adversary before paying up on a consumer’s Fair Debt Collection Practices Act claim.Carruthers did not respond to interview requests.Their tangle, ongoing with new cases in which Krohn says Carruthers is avoiding service altogether, offers a humorous glimpse into a decidedly unfunny area of the law: debt collection.With the nation so awash in debt—the Federal Reserve pegs “consumer credit outstanding” at more than $2.4 trillion—getting payment from those who owe money has become a huge business. And a big mess, with … [Read more...] about Payback: Lawyers on Both Sides of Collection are Feeling Debt’s Sting
Unscrambling The Eggs and Other Menu Choices: Federal Trade Commission (FTC) Issues Final Orders in Anti-competition Matters
In the past several weeks, the Federal Trade Commission (FTC) approved final orders in two matters, settling charges that the buyers’ consummated acquisitions of their respective competitors, though valued below the Hart Scott Rodino (HSR) Act’s notification thresholds, were anticompetitive. In the first consent order approved, the FTC alleged that the acquisitions violated Section 7 of the Clayton Act[1] by eliminating the only significant competition in the market, which resulted in the buyer, Graco, Inc., holding a monopoly position as the only full-line manufacturer of fast-set equipment (FSE).[2] In the second consent order approved, the FTC alleged that the effect of Charlotte Pipe’s acquisition of its rivals has been a substantial lessening of competition in the cast iron soil pipe products (CISP) markets in violation of Section 7 of the Clayton Act and Section 5 of the FTC Act[3] by, inter alia, eliminating competition, eliminating a maverick firm and … [Read more...] about Unscrambling The Eggs and Other Menu Choices: Federal Trade Commission (FTC) Issues Final Orders in Anti-competition Matters
Enforcers Continue Recent Focus on Innovation Concerns with Emerson/Pentair Consent Agreement
The FTC’s recent consent agreement addressing concerns regarding Emerson Electric Co.’s (Emerson) acquisition of Pentair Plc (Pentair) demonstrates a continued focus on whether transactions will reduce the incentive for merging parties to develop new, innovative products in the future. This is the latest in a string of cases which show that when the antitrust regulators raise innovation concerns, the merging parties need to propose a remedy that will involve the necessary research and development resources for the products at issue. WHAT HAPPENED:The FTC alleged that the acquisition combines the two largest suppliers of switchboxes, which monitor and control certain valves that regulate the follow of liquids through pipes in industrial applications.The FTC found that switchbox customers have a distinct preference for Pentair’s and Emerson’s switchbox brands, which account for approximately 60 percent of the switchbox market in the United … [Read more...] about Enforcers Continue Recent Focus on Innovation Concerns with Emerson/Pentair Consent Agreement
China’s MOFCOM to Review Merger in Gas Market
On 13 December 2011, ENN Energy Holdings Limited (ENN Energy) and China Petroleum & Chemical Corporation (Sinopec) jointly announced the acquisition of all outstanding shares in China Gas Holdings Limited (China Gas) for HK$16.7 billion (approximately RMB 13.6 billion or US$2.1 billion), adding that this acquisition triggers a requirement to notify and obtain clearance from China’s Ministry of Commerce (MOFCOM). Clearance from MOFCOM would therefore be one of the preconditions for ENN Energy and Sinopec to close the transaction.According to the offer announcement ENN Energy made, the acquisition will enhance the market position and geographical coverage of ENN Energy. As of 30 June 2011, ENN Energy had 100 piped gas projects in 15 provinces, autonomous regions and directly administered cities in the People’s Republic of China (PRC). As of 30 September 2011, China Gas operated 151 city piped gas projects, nine long distance natural gas pipeline projects, 112 compressed … [Read more...] about China’s MOFCOM to Review Merger in Gas Market