Mondaq Business Briefing articles from October 2008

Mondaq Business Briefing archives from October 2008

Cargo Security.
October 1, 2008... Following September 11, the United States Customs and Border Protection ("CBP") agency was charged with the mission of developing anti-terrorism programs to help secure U.S. borders.1 One threat identified by the agency is containers...

Green Ache(rs): Insuring Your Sustainable Construction Project.
October 1, 2008... Previously published with Inside Indiana Business "Green" construction means different things to different people, but it seems that every owner, developer, property manager, elementary and higher education campus, employer, and board room...

UKBA Clarifies Compliance Officer Procedures, Acknowledges Ambiguities In Business Visitor Category.(UK Border Agency)
October 1, 2008... From November 2008, the U.K. will implement a radically new immigration system for "migrant workers"—the term given to all workers from outside the European Economic Area and Switzerland. This update covers some of the recent developments...

The Elusive Implied Term Of 'Trust And Confidence'.
October 1, 2008... The Supreme Court of South Australia recently became the first court in Australia to award damages for the breach of an implied term of trust and confidence in an employment contract. The Court awarded $392,850 plus costs in favour of an...

Parties Should Proceed Warily Over War Clauses.
October 1, 2008... Recent tensions in the Caucasus have dominated shipping headlines. With Georgia and Russia both bordering the busy waters of the Black Sea and a significant amount of international trade in this area, there is apprehension over physical safety...

European Commission Launches Investigation Into Biodiesel Imports.(Brief article)
October 1, 2008... In May's edition of this bulletin, HFW reported on the request by the European Biodiesel Board (E.B.B.) to the European Commission to initiate trade remedy action against biodiesel imports from the U.S.A. on the grounds that they are subsidised...

Employment Law Commentary, September 2008.
October 1, 2008... In this issue: Political Discussion in the Workplace: Small Talk or Big Problems? Disciplining Employees Involved in Political Advocacy Under the NLRA Upcoming Speaking Engagements Political Discussion in the Workplace: Small...

IRS To Send Questionnaires To 400 Colleges And Universities Nationwide.(United States. Internal Revenue Service)
October 1, 2008... As part of its 2008 Work Plan, the IRS announced that its Exempt Organizations Compliance Unit would send compliance questionnaires to about 400 colleges and universities. IRS officials recently stated that the questionnaires will be sent...

Private Equity Investments In Bank Holding Companies: The Fed Expands And Clarifies Opportunities.
October 1, 2008... On September 22, 2008, the Federal Reserve issued a new policy statement that expands the ability of private equity funds, hedge funds, and other investors to make meaningful investments in bank holding companies and banks without subjecting...

Pensions Update - September 2008.
October 1, 2008... ADVOCATE-GENERAL ADVISES ON UK DEFAULT RETIREMENT AGE The Advocate-General has issued his opinion in the "Heyday" case which challenges the "default" retirement age in the Age Discrimination Regulations allowing employers to retire...

Prior Art Anticipates A Functional Limitation That Is Inherent.
October 1, 2008... Judges: Bryson, Archer, Prost (author) [Appealed from E.D. Mo., Judge Perry] In Leggett & Platt, Inc. v. VUTEk, Inc., No. 07-1515 (Fed. Cir. Aug. 21, 2008), the Federal Circuit affirmed the district court's grant of SJ of invalidity...

Will TSX SPACs Restore The Canadian IPO Market?(Initial public offerings)(Special Purpose Acquisition Company )
October 1, 2008... The TSX has proposed rule changes to permit US-style SPAC listings in Canada. A SPAC is a 'special purpose acquisition corporation' formed to raise a minimum of $30 million to pursue an 'as yet to be identified' acquisition opportunity. If the...

The Elevated Standard Of Proof In The Inequitable Conduct Context Remains Paramount.
October 1, 2008... Judges: Michel (author), Schall, Dyk [Appealed from D. Md., Senior Judge Garbis] In Star Scientific, Inc. v. R.J. Reynolds Tobacco Co., No. 07-1448 (Fed. Cir. Aug. 25, 2008), the Federal Circuit reversed the district court's finding...

IRS Issues Revenue Procedure On Securities Lending.
October 1, 2008... Developments Of Note IRS Issues Revenue Procedure on Securities Lending SEC Issues Guidance on Treatment of Loaned Securities under Regulation SHO SEC No-Action Letter Permits Banks to Acquire Asset-Backed Commercial Paper from...

Corporate And Financial Weekly Digest - September 26, 2008.
October 1, 2008... SEC/Corporate Robert L. Kohl, Mark A. Conley, Palash I. Pandya and Kamilah K. Smith SEC Issues Emergency Order to Temporarily Amend Rule 10b-18 of the Exchange Act On September 18, the Securities and Exchange Commission issued an...

Recounting Passing Off In The "SUPERBRIGHT" Verdict.
October 1, 2008... The common law offence of passing off has occupied a prominent place in trade mark litigation. Alleging S.B. Equipments of a passing off offence, Atul Rawal filed a suit and moved to seek an ad interim injunction to restrain S.B. Enterprises...

Deccan Declined: Trial Court Order Upheld.(Case overview)
October 1, 2008... The prevailing intellectual property scenario is infused with litigation hovering around the well-established tenets of deceptive similarity and passing off. While the principles remain cited and stated, parties do not hesitate to vouch their...

Impact Of International Financial Reporting Standards On Canadian Registrants.
October 1, 2008... On September 12, 2008, the Canadian Securities Administrators (CSA) released Staff Notice 33-313 International Financial Reporting Standards (IFRS) and Registrants reminding registrants that international financial reporting standards (IFRS)...

The Foreign Corrupt Practices Act: Walking The Fine Line Of Compliance In China.
October 1, 2008... Congress enacted the Foreign Corrupt Practices Act ("FCPA" or "the Act")1 in 1977 in response to the Watergate scandal. Extensive media exposure of unreported campaign contributions and potentially illegitimate payments to foreign officials...

Exchange-Traded Funds In A Nutshell.
October 1, 2008... An exchange-traded fund (ETF) is an investment vehicle that allows investors to buy an entire basket of securities through a single security. ETFs track and aim to replicate the returns of a particular stock market index, some of which are well...

State Law Tortious Interference Claim Was Preempted By Federal Patent Laws Because The Claimant Could Not Show That The Patentee Acted In Bad Faith In Enforcing Its Patents.(Case overview)
October 1, 2008... Judges: Gajarsa, Plager (author), Dyk (concurring) [Appealed from M.D. Fla., Chief Judge Fawsett] In 800 Adept, Inc. v. Murex Securities, Ltd., Nos. 07-1272, -1356 (Fed. Cir. Aug. 29, 2008), the Federal Circuit reversed the district...

Seventh Circuit Bars Rescission Class Actions In TILA Cases.
October 1, 2008... Article by Jeffrey Sarles , Scott A. Anenberg , Jeffrey P. Taft and Lucia Nale Originally published September 25, 2008 Keywords: Seventh Circuit, class actions, Truth in Lending Act, TILA, Andrews, Chevy Chase Bank, mortgage...

Say Goodbye To "Plus On-Road Costs".
October 1, 2008... Trade Practices Amendment (Clarity in Pricing) Bill Who will this affect? Any business that uses component pricing On 25 September 2008, the Federal Government introduced into parliament the Trade Practices Amendment (Clarity in Pricing)...

VAT Focus - A Round - Up Of Recent VAT - Related Developments.(Value-added tax)
October 1, 2008... Changes to VAT services in Ireland Smith & Williamson recently merged with the Irish firm of accountants and tax advisers, Oliver Freaney & Company. As a result, we have enhanced our expertise in Irish tax and VAT issues. In this issue, we...

New York Passes New Law Requiring Environmental Disclosure.
October 1, 2008... In December 2008, a new law in New York will go into effect requiring property owners and landlords to disclose the results of environmental testing to current and prospective tenants. While New York is the first state to enact legislation of...

OHS Defence Fails: Demotion Of Employee For Poor Literacy Skills Found Discriminatory.
October 1, 2008... Key Point This decision illustrates how discrimination and occupational health and safety issues can arise when managing a diverse workforce. In the recent decision of Tanevski v Fluor Australia Pty Ltd [2008] NSWADT 217 the New South...

Seventh Circuit Holds Rescission Cannot Be Pursued On A Class-Wide Basis Under TILA.
October 1, 2008... On September 24, 2008, the Seventh Circuit joined the growing chorus of Circuit Courts that have held that a class action cannot be certified for rescission claims under the Truth in Lending Act ("TILA"), 15 U.S.C. s. 1635. Andrews v. Chevy...

Whitecap Leisure Ltd v John H. Rundle Ltd [208] EWCA Civ 1026: The Modern Approach To Litigation Costs.(Case overview)
October 1, 2008... "Anyone with any sense knows that litigation is expensive. Anyone with any sense knows that litigation is more expensive than one's worst fears. Anyone with any sense would avoid litigation. Commercial men should look at their balance sheet...

A Case For Domestic Hedge Funds In India?(Column)
October 1, 2008... A few months back, I had the opportunity to read V. Umakanth's working paper on hedge fund regulation in India (available on Mondaq and Hedge Fund Law Review). Umakanth, in his paper sets out a framework for banking and capital market...

Remote Gaming In Malta.
October 1, 2008... Malta permits the establishment and operation of companies engaged in remote/online gaming activities (such as casino-style games, poker, sports betting, betting exchanges, P2P, skins, lotteries, and software vendors which take commissions on...

The Hidden World Of Policy Arbitration.(Reprint)
October 1, 2008... Reprinted with permission from the September 2008 issue of Risk Management Magazine. Copyright 2008 Risk and Insurance Management Society, Inc. All rights reserved For the last couple of decades, arbitration has been heralded as a cheaper,...

Regulation Of Credit Default Swaps.
October 1, 2008... Here we go again! Calamitous events are often catalysts for regulatory change. The market crash of 1929 spawned a spate of such changes, including the separation of investment banks and commercial banks under the Glass-Steagall Act of 1933...

Father Refused Permission To Take Sick Child To Hospital Makes Good His Discrimination Claim.(Case overview)
October 1, 2008... Key Point Men are more prepared to raise issues in the workplace about balancing work and non-work commitments. There is an interesting development in the law. More so than ever before, men are making complaints about discriminatory...

Privacy Law in Australia: The Status Quo.
October 1, 2008... Traditionally Australian law has not recognised any general "right to privacy". A number of existing areas of law deal with different aspects of what might generally be regard as an individual's "private life". These include defamation law,...

SEC Amends Rule 12g3-2(b) Registration Exemption For Foreign Private Issuers.
October 1, 2008... Originally published September 25, 2008 Keywords: SEC, Rule 12g-3-2(b), Section 12(g), foreign private issuer, securities registration, over-the-counter market, disclosure The US Securities and Exchange Commission (the "SEC") has...

Short Marriages.(United Kingdom. Parliament. House of Lords)(Law overview)
October 2, 2008... It may be the society that I keep, but one of the wearisome aspects of being a family specialist is being called upon, when off duty, to justify the present state of the law relating to ancillary relief (not that they ever call it that), and it...

Amended Short-Selling Orders And Additional Rule Changes To Increase Liquidity In The United States And Canada.(Ontario. Securities Commission)(Securities and Exchange Commission)
October 2, 2008... The OSC and SEC have issued temporary orders prohibiting short selling of certain financial companies' common equity securities until October 3, 2008.1 Thirteen Canadian cross-border issuers, listed in Appendix A to this bulletin, are affected...

IRS Issues Temporary Regulations Eliminating Advance Ruling Process And Making Other Changes To Implement The New Form 990.
October 2, 2008... Article by Tax-Exempt Organizations Practice Group On September 8, 2008, the Internal Revenue Service issued temporary regulations that eliminate the advance ruling period for new Section 501(c)(3) organizations, thus simplifying the...

Monthly Brief, September 2008.(briefs)
October 2, 2008... In this issue: Reform of the Finnish Securities Market Act No sanctions on the three largest retail groups in Finland for exchange of confidential information Court of Appeals' Decision on Circumvention of an Effective...

Criminal Offences And Discrimination In The Workplace.
October 2, 2008... The Supreme Court of Canada recently handed down a decision in Montreal (City) v. Quebec (Commission des droits de la personne et des droits de la jeunesse) where it examined the rule, set out in Section 18.2 of the Charter of Human Rights and...

IRS Issues Revised Foreign Account Reporting Form.
October 2, 2008... Article by Scott D. Michel1 In an unanticipated development, the IRS posted on its website on September 30, 2008, a new version of Treasury Department Form 90-22.1, named "Report of Foreign Bank and Financial Accounts," and known as the...

New Federal Rule Of Evidence 502 And Possible Litigation Document Review Cost Savings.
October 2, 2008... On September 19, 2008, President Bush signed Senate Bill No. 2450 into law as Public Law No. 110-322. This law creates a new rule of evidence—Federal Rule of Evidence 502, or FRE 502—limiting certain attorney-client privilege and...

Conflicts Of Interest For Private Equity Portfolio Company Directors.
October 2, 2008... New statutory provisions governing directors' conflicts of interest will come into force on 1 October 2008. This Commentary provides guidance on the new provisions with reference to investor-appointed directors of private equity portfolio...

Welcome Decision On The Effect Of Delays In Statutory Disciplinary Procedures.
October 2, 2008... The Statutory Dismissal and Disciplinary Procedures (SDDPs) apply whenever an employer contemplates dismissing or taking relevant disciplinary action against an employee, irrespective of the employee's length of service. Both the 'standard' and...

Disability Discrimination By Proxy.(Case overview)
October 2, 2008... In Coleman v Attridge Law [2008] Ms Coleman (C) was employed as a legal secretary from January 2001. The following year C gave birth to a son who suffered from apnoeic attacks and congenital laryngomalacia and bronchomalacia within the first...

Tribunal Finds Reason For Dismissal Is Different To That Given By Employer.(Williams v. Cheshire Fire and Rescue Services)
October 2, 2008... Article by Nisha Lalji Paralegal In Williams v Cheshire Fire and Rescue Services [2008] Mr Williams (W) was employed as a firefighter from 3 April 1989 until 9 February 2007, when he was dismissed. W had a poor sickness record and received...

U.S. Treasury Opens Money Market Guarantee Program.(United States. Department of the Treasury)
October 2, 2008... On September 29, 2008 the U.S. Treasury Department opened its temporary emergency program to insure investor losses of amounts held in participating publicly eligible money market mutual funds as of the close of business on September 19, 2008....

Death Of The Corporate Director And Compulsory Retirement At 16?(Brief article)
October 2, 2008... From today, every UK company will require to have at least one director who is a natural person (although there will be a grace period of two years for any company that only had corporate directors on 8 November 2006). This means for most...

Federal Reserve Makes It Easier To Invest In Banks And Bank Holding Companies.(Federal Reserve Board)
October 2, 2008... On September 22, 2008, the Board of Governors of the Federal Reserve System (the "FRB") released a policy statement on equity investments in banks and bank holding companies (the "Policy Statement") that addresses when such investments may...

Adjudication: No Two Bites At The Same Cherry.
October 2, 2008... Multiple adjudications are permitted provided they do not relate to the same, or substantially the same, dispute. A referring party cannot make good in a later adjudication the shortcomings in its claim in an earlier adjudication. Doing so...

Regulator Publishes Final Guidance On Conflicts Of Interest And Other Issues.
October 2, 2008... The Pensions Regulator has now published the final version of its guidance for trustees on dealing with conflicts of interest. The Regulator's approach has not changed significantly from the draft originally issued in February and still...

Proposed Changes To The Nominal And Immaterial Transaction Exceptions To Prohibited Related Party Transactions In OSFI Guideline E-6.(Office of the superintendent of financial institutions)
October 2, 2008... The Office of the Superintendent of Financial Institutions (Canada) ("OSFI") recently requested industry and public comment by October 15, 2008 on changes affecting the materiality criteria for nominal and immaterial related party transaction...

NLRB Clarifies Position On Employer Ban On Use Of Company E-Mail For Union Solicitation.(National Labor Relations Board)(electronic mail)
October 2, 2008... In an earlier Williams Kastner Alert, published last February, this author discussed the Register Guard decision which upheld discipline of employees who used company e-mail to solicit support for a union. That was a very significant decision...

SJ Berwin's Community Week.(Brief article)
October 2, 2008... The latest edition of Community Week is now available on our website. To access this week's edition, please click on the following link: SJ Berwin's Community Week Issue 392 The articles covered this week are: EU developments...

SEC Amends Short Selling Ban And Reporting Requirements.(Securities and Exchange Commission)
October 2, 2008... Continuing its stream of emergency actions, the Securities and Exchange Commission ("SEC") announced material amendments late Sunday to the emergency orders issued last Friday prohibiting the short selling of publicly traded securities of 799...

Senator Dodd Releases Proposal That Moves Away From Treasurys Minimalist Approach; Representative Frank Issues Alternative Proposal.
October 2, 2008... On Monday, September 22, 2008, Senate Banking Committee Chairman Christopher Dodd introduced his view of a Treasury rescue of the nation's financial institutions. In short, the Dodd proposal would embellish or deviate from the Treasury proposal...

Proposed TSX Rules For SPACs.(Toronto Stock Exchange)(special purpose acquisition corporations)
October 2, 2008... Following an emerging trend in the United States, the Toronto Stock Exchange has published for comment proposed amendments to the TSX Company Manual that would allow special purpose acquisition corporations (SPACs) to be listed on the TSX. ...

The SEC Is Making Institutional Investors Swear.(Securities and Exchange Commission)
October 2, 2008... By all appearances, the SEC has armed its staff with authorization to use a powerful weapon in its current efforts to "root out" manipulation in the securities and credit default swaps of financial institutions. On Friday, September 22, 2008,...

ASIC Action On Short Selling - Where To From Here?(Australia. Securities and Investments Commission)
October 2, 2008... On Sunday 21 September ASIC took further emergency action in response to bans on short selling of stocks imposed by regulators in other global financial centres. This has had immediate consequences for hedge funds, with Standard & Poor's Funds...

Report Released On Australian Market For Retail Tenancy Leases.
October 2, 2008... In late August the Productivity Commission released its eagerly awaited report on the Australian retail tenancy market. The Commission's inquiry and subsequent report stemmed from concerns among small retail tenants about a perceived imbalance...

Reverse Payment Patent Settlements: the Interplay of Antitrust and Patent Policies.(Law overview)
October 3, 2008... While often seen as incompatible, in a proper balance, antitrust and patent laws encourage innovation while promoting commerce, as a goal of each is to provide new and beneficial technologies to the marketplace. Indeed, as Judge Posner...

The Americans With Disabilities Act Amended To Protect More Individuals.(Law overview)
October 3, 2008... President Bush has signed into law the ADA Amendments Act (ADAAA), which will go into effect on January 1, 2009. The amendments expand the definition of disability under the ADA by expressly rejecting U.S. Supreme Court case law and Equal...

Are Redeemable Preference Shareholders Creditors?
October 3, 2008... In Heesh v Baker [2008] NSWSC 711, the New South Wales Supreme Court considered whether the holders of redeemable preference shares could be "creditors" for the purposes of Part 5.3A of the Corporations Act 2001 (the Act). The Facts ...

Access To Private Equity Funding For Franchisors.
October 3, 2008... The continued growth in the franchise sector has led to substantial interest by private equity firms looking to make strategic investments in businesses with high growth potential. A number of high profile franchise brands have attracted...

Not Strictly Mandatory To Consider ESD Principles.(ecologically sustainable development )(Minister for Planning v Walker )(Case overview)
October 3, 2008... Last week the New South Wales Court of Appeal, in the decision of Minister for Planning v Walker [2008], ruled that it was not a mandatory condition for the granting of development approval that the Minister for Planning (the Minister) consider...

Ninth Circuit Upholds San Francisco Health Care Security Ordinance Against Preemption Challenge October 2008.
October 3, 2008... A three-judge panel of the United States Court of Appeals for the Ninth Circuit has upheld San Francisco's employer health care spending mandate, reversing a district court judgment holding that the ordinance is preempted by ERISA. The court's...

1 July 2009 Start Date For New Fair Dismissal Code For Small Business.(Law overview)
October 3, 2008... On 18 September 2008, Workplace Minister Julia Gillard unveiled the Rudd Government's proposed new unfair dismissal laws that will allow companies with less than 15 employees to terminate an employee's employment after giving them one warning...

Protecting Business.
October 3, 2008... It is now increasingly important to take proactive steps as an employer to protect your business interests in situations where former employees set up in competition with your business. Given the unprecedented value of confidential information...

Good Faith - Start Getting Prepared!(Brief article)
October 3, 2008... They say legislation is like sausages – the closer you get to seeing how it is made, the less respect you have for the finished product. On the flip side you have the oft-criticised legal system. Yet the High Court deliberations in...

ACCC Compliance Audits - Be Prepared!(Australian Competition and Consumer Commission)
October 3, 2008... Based on recent meetings with the Federal government and the ACCC in relation to the current Federal inquiry into franchising it appears one of the more likely end outcomes will be increased powers to the ACCC. This is likely to include giving...

Merger Law Reform: "Creeping Acquisitions".
October 3, 2008... Section 50 of the Trade Practices Act 1974 (TPA) prohibits mergers or acquisitions that are likely to result in a "substantial lessening of competition" in a market, a test that the Government believes needs amending to better address problems...

New Trade Mark Laws From 1 October 2008.(Law overview)
October 3, 2008... From 1 October 2008 the Trade Mark Rules 2000 will be replaced with the Trade Mark Rules 2008. The Intellectual Property Office hopes that the new rules will modernise and consolidate existing trade mark laws making them more accessible. ...

No Heyday For Age Discrimination Campaigners.(Employment Equality (Age) Regulations)
October 3, 2008... The Advocate-General has rejected a claim launched by the charity Heyday that the UK Employment Equality (Age) Regulations (EE(A)R), which permit a compulsory retirement age of 65, breaches EU equality requirements. Although the...

Environmental Risk Management Update - September 2008.
October 3, 2008... Contents The New Carbon Police Are Here – Now, How To Avoid Them The disclosure of a company's carbon footprint is no longer the realm of corporate conscience or social responsibility and has been mandated by new laws imposing harsh...

Advance Care Directives (or Living Wills).
October 3, 2008... Advance Care Directive and Living Will are both generic terms used to refer to written statements that set out a person's instructions as to the type and extent of health care that the person wishes to receive. As Advance Care Directive is the...

Capital Markets - Russia Q&A.
October 3, 2008... EQUITY CAPITAL MARKETS: GENERAL 1. Please give a brief overview of the equity market(s) in your jurisdiction and initial public offering (IPO) activity generally. What were the large deals over the past year? Have there been many listings...

Wind Energy Prospects In Victoria.(National Generators Forum)
October 3, 2008... Victoria is likely to be a major beneficiary of the new mandatory renewable energy target, according to an assessment of wind energy prospects by Australia's electricity generation industry. In a presentation to a New South Wales energy...

Property Lease In Thailand - Avoiding The Bumps And Potholes.
October 3, 2008... In regular intervals, the Thai government and the media discuss the question whether or not to increase the maximum land lease period in Thailand from thirty to fifty years. A recent statement of Finance Minister Surapong Suebwonglee,...

Online Retailers Slow To Implement The PCI's New Credit Card Fraud Protection.
October 3, 2008... Credit card companies are insisting on improvements to credit card security to protect consumers and retailers from fraud and hacks. It is estimated that most of the world's credit card fraud can be either directly or indirectly attributed to...

Life after Ketchell: Still a Lesson for Franchisors.(Master Education Services Pty Limited v Jean Florence Ketchell)(Case overview)
October 3, 2008... Ketchell (Master Education Services Pty Limited v Ketchell [2008] HCA 38) was recently subject to a successful appeal to the High Court of Australia. All Franchisors would be aware of the significance of the case. The High Court decision...

Top 10 Intellectual Property And Regulatory Legal Issues For Biotech Start-Ups.
October 3, 2008... Start-up biotech companies should address these key legal issues with the aid of legal counsel. Biotechnology start-ups face a dizzying array of business and legal requirements and a limited budget that forces them to prioritize where they...

Cover For Legal Costs - A Surprising Result.
October 3, 2008... Wesfarmers Federation Insurance Limited v Stephen Wells t/as Wells Plumbing [2008] NSWCA 186 How can an insured recover its defence costs when the claim isn't covered? D&O insurers can advance defence costs on the basis they can recover...

Ability To Restrict Dissolution Filings Upheld Under Delaware LLC Act.
October 3, 2008... The court's decision in R&R Capital LLC indicates that sponsors of limited liability companies that feature in securitization transactions may wish to include restrictions on the ability to put such companies into bankruptcy. In a case of...

Medimmune's Effect On Declaratory Judgment Jurisdiction In Pharmaceutical And Hatch-Waxman Litigations.(MedImmune Inc. v. Genentech Inc., 127 S. Ct. 764 )(Case overview)
October 3, 2008... The Federal Circuit has begun to delineate the limits of federal court jurisdiction in patent declaratory judgment actions under the new standard. In the wake of the Supreme Court of the United States' decision in MedImmune Inc. v....