At the onset of 2024, AnJie Broad’s antitrust team secured a pivotal second instance judgment from the Supreme People’s Court of China (“the Supreme Court”) in the rare earth antitrust litigation. The ruling completely overturned the first instance judgement rendered by the first instance ...
Particularly, the Supreme Court was dealing with the constitutional validity of the amendments introduced in the FCRA vide the Amendment Act to Sections 7, 12(1A) and 17(1) and insertion of Section 12A on the grounds that the same were arbitrary, unreasonable, and impinging upon the fund...
MFV and Boston Scientific appealed that decision, arguing that Medtronic bore the burden of proof because it originally filed the lawsuit. Since the terms of MFV’s deal with Medtronic prevented MFV from filing counterclaims on its patents and required Medtronic to file for declaratory...