Esther Salas

This case involved the U.S. government's application under 18 U.S.C. § 3184 to extradite Michael Ray Beguas Aquino to the Philippines on pending criminal charges. The court granted the application after considering objections to the government's evidence package. It overruled challenges to hearsay statements by holding that 18 U.S.C. § 3190 mandates admission of properly authenticated documents from the requesting country and that hearsay evidence is generally allowed in extradition proceedings. The court further found that the evidence met the probable cause requirement for extraditability.

criminal lawprocedure

This case is a Hatch-Waxman patent infringement action in which Eisai sued Teva for allegedly infringing U.S. Patent No. 4,895,841 covering donepezil hydrochloride, the active ingredient in Aricept used to treat Alzheimer's disease. Teva attempted to add an inequitable conduct affirmative defense based on Eisai's alleged failure to disclose multiple co-pending patent applications to the patent examiner, but a prior court order had limited the defense to only one application family due to insufficient pleading under Fed. R. Civ. P. 9(b). After Teva filed an amended answer that included references to additional applications to support the intent element of inequitable conduct, Eisai moved to strike those portions under Fed. R. Civ. P. 12(f). The court granted the motion, reasoning that co-pending applications can only support an intent-to-deceive allegation if they are first properly alleged to be material, and the expanded references exceeded the scope of the prior ruling.

business & regulatoryprocedure