Miller Canfield

The Court of Appeals for the Federal Circuit recently reversed an ITC determination that claims related to a polycrystalline diamond compact (PDC) are ineligible as an abstract idea under 35 U.S.C. § 101. Applying the two-step framework from the Alice Supreme Court opinion, the court held that the PDC claims are not directed to an abstract idea, emphasizing the importance of structure and property correlations in patent application drafting. This decision provides takeaways for patent practitioners, particularly in the chemical and materials fields, on how to draft patent applications with composition of matter claims reciting properties to withstand eligibility challenges. Read more about this decision and its implications from the Miller Canfield Intellectual Property Group's Gregory A. Lewis and Gregory DeGrazia >>> https://bit.ly/4kGtlNp

Defending against numerous individual arbitrations that share common factual and legal issues can cost companies significant time and money. The U.S. Court of Appeals for the Ninth Circuit recently held that such arbitrations can be consolidated when permitted by the applicable arbitration agreement and arbitration rules and affirmed the denial of a petition to compel individual arbitration, reinforcing that arbitration institutions have discretion to apply their own rules, including consolidation procedures, when those rules are incorporated into arbitration agreements. For businesses, this ruling highlights the importance of carefully drafting arbitration agreements, particularly with respect to mass arbitration risks. Read more from our International Disputes Group's Frederick Acomb, FCIArb, James Woolard >>> https://bit.ly/4ibPe5y

Congratulations, Steve Ragatzki! For more information about this Michigan Lawyers Weekly Up & Coming Lawyer >>> https://bit.ly/41KF2va

Congratulations, Jerome Watson! More about Jerome's distinguished career and his Hall of Fame honors >>> https://bit.ly/3XvTnt3

The United States has announced the imposition of new tariffs on Canadian goods, effective immediately as of March 4, 2025. These tariffs include a 25% surcharge on a wide range of products imported from Canada. In response to the announcement, Ontario Premier Doug Ford stated that Ontario would implement a reciprocal 25% surcharge on all energy exported by Ontario to the United States, which is expected to have a significant impact on multiple industries including, in particular, manufacturing. Read more from Jeffrey Patterson and Monica Muscedere in our affiliated office in Canada >>>https://bit.ly/41pVgbL #tariffs #canada

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Miller Canfield International Disputes Group Leader Frederick Acomb, FCIArb spoke this week with Ron Hesse at GlobalAutoIndustry.com about the importance of arbitrator selection in international automotive supply chain disputes. Listen in to the podcast here>>>

The United States Department of Treasury announced that it will not enforce fines or penalties based on the existing deadlines for reporting beneficial ownership information under the CTA beneficial ownership reporting rule. This?follows earlier guidance issued by FinCEN. The following day, a Michigan federal district court held that the CTA’s reporting rule is unconstitutional under the Fourth Amendment (unreasonable search) and entered a judgment permanently enjoining the enforcement of the CTA reporting requirements against the named plaintiffs and their members only. For more about both of these developments >>> https://bit.ly/4i5E3LF and https://bit.ly/4irw8Z6 Jeff LaBine, Joseph Gustavus, Scott Lesser, Jeffrey Richardson

A recent federal court decision underscores a critical point for parties seeking to enforce foreign judgments in the U.S.: recognition of a foreign judgment does not require personal jurisdiction over the defendant. The U.S. District Court for the Southern District of New York recognized a $123.94 million English judgment against a Ukrainian businessman, despite his lack of ties to New York. This ruling reaffirms that judgment creditors can gain access to U.S. discovery tools—among the most expansive in the world—before establishing jurisdiction over a debtor or its assets. With similar judgment recognition laws in many other U.S. states, this decision may influence courts nationwide and shape future cross-border enforcement strategies. Read analysis from Frederick Acomb, FCIArb and James Woolard of our International Disputes Group >>> https://bit.ly/43lJHVz

International automotive supply chains often involve tight just-in-time deadlines, so resolving disputes quickly and efficiently is critical. When arbitration is the designated resolution method, the arbitrator’s qualifications and experience can significantly affect the speed, fairness, and effectiveness of the process. Choosing an arbitrator with relevant industry expertise and strong procedural management skills can help minimize business disruptions and financial risks. Read more from Miller Canfield's International Disputes Group's Frederick Acomb, FCIArb and James Woolard >>> https://bit.ly/4h0akm5