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  Tuesday, January 22, 2019  
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The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
U.S. SUPREME COURT
Intellectual Property
A commercial sale to a third party who is required to keep the invention confidential may place the invention "on sale" under 35 U.S.C. Sec. 102(a). A sale or offer of sale need not make an invention available to the public to constitute an invalidating prior art.

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. - filed Jan. 22, 2019
Cite as 2019 S.O.S. 17-1229
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NINTH U.S. CIRCUIT COURT OF APPEALS
Civil Procedure
Non-class counsel had standing to challenge a fee order to class counsel in a multi-district litigation because they suffered an injury–in the form of a deprivation of attorneys fees–that was caused by the conduct complained of–the fee order– and would be redressed by judicial relief.

In re Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation - filed Jan. 22, 2019
Cite as 2019 S.O.S. 17-16020
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Civil Procedure
An Indian tribe's anticipatory defense to a state court lawsuit does not amount to a cause of action based on federal law and thus does not form a basis for federal question jurisdiction.

Stillaguamish Tribe of Indians v. State of Washington - filed Jan. 22, 2019
Cite as 2019 S.O.S. 17-35722
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CALIFORNIA COURT OF APPEAL
Civil Procedure
Code of Civil Procedure Sec. 685.080(a) requires that a motion for attorney fees incurred in collecting a judgment must be made before the judgment is satisfied.

Conservatorship of Ribal - filed Jan. 18, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 342
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Civil Procedure
The invalidation of the San Diego Superior Court's policy on providing court reporters to in forma pauperis litigants applies retroactively to all cases not yet final on appeal. Because there is no way to provide a reporter for a trial that has already occurred, an in forma pauperis litigant with a pending case at the time of the invalidation of the San Diego Superior Court's policy is entitled to a new trial at which an official court reporter will be furnished.

Dogan v. Commanche Hills Apartments - filed Jan. 22, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 345
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Family Law
Without an express statement specifying what interest in real property was being granted to a spouse, a "Trust Transfer" Deed did not give the other spouse "clear notice" that he was changing the property's characterization and ownership, which thus renders the purported transmutation invalid under Family Code Sec. 852(a).

In re Marriage of Begian & Sarajian - filed Dec. 20, 2018, publication ordered Jan. 18, 2019, Second District, Div. Three
Cite as 2019 S.O.S. 347
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The full text of case rulings are in PDF files and require Adobe’s free Acrobat Reader to view. To download a copy go to: www.adobe.com//products/acrobat/readstep.html
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