Orrick Convinces Ninth Circuit To Curtail Suit Against Indian Institute of Technology Kharagpur

July.14.2016

Orrick’s IP and appellate teams secured a significant win for the Indian Institute of Technology, Kharagpur (IITK), persuading the Ninth U.S. Circuit Court of Appeals to dismiss a portions of suit accusing IITK and its Dean of breaching an alleged joint venture agreement and of appropriation of technology without authorization.

In a ruling on July 12, a three-judge Ninth Circuit panel reversed the district court in part, holding that may of the asserted claims asserted were barred by the Foreign Sovereign Immunities Act and claims brought against the IITK Dean must be dismissed based on foreign officials immunity.

IITK is a public educational institution. It was established by the Indian government in 1951 as an Institute of National Importance. The appeal was focused on whether IITK waived sovereign immunity in a non-disclosure agreement with the plaintiff company, M.A. Mobile LTD. Among other key points, appellate partner Bob Loeb highlighted the absence of the requisite “strong evidence” of intent to waive, especially as to a co-plaintiff who had not entered into a non-disclosure agreement.

The Orrick team was led by IP partner Neel Chatterjee and Supreme Court & Appellate partner Bob Loeb, and included partner Tom Zellerbach and associates Kevin Arlyck and Nish Hossain.

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Robert Loeb Partner, Supreme Court & Appellate, Litiges en matière de faillite

Washington, D.C.

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Litiges en matière de faillite
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Robert Loeb Partner

Washington, D.C.

The breadth and depth of Bob's appellate experience, and his consistent track record of success in high-stakes matters, are why clients, including top tech and energy companies, trust him with their most important cases.

The National Law Journal’s Litigator of the Week column recently recognized Bob’s appellate major wins in energy and product liability cases for Broadreach Power and Johnson & Johnson. Bob’s recent victories also include Fifth Circuit wins for energy clients Cheniere and Eni. In the Cheniere-Midship case, Bob obtained an emergency stay from the court of appeals of the regulating agency proceedings and, then after oral argument, achieved a full victory. And for Eni, Bob convinced the Fifth Circuit to vacate a $300M judgment against Eni in a dispute with another energy company. These types of big wins in the most challenging cases show why both Chambers and Legal 500 rank Bob among the Country’s top appellate advocates.

Bob has argued before the Supreme Court multiple times (including a 9-0 victory regarding application of the Fourth Amendment to rental cars), and has filed hundreds of briefs in the Supreme Court. He has also handled cases in highest state courts in California, New York, Maine, Kentucky and New Jersey.

Before joining Orrick, Bob served as one of the leaders of an elite appellate group at the Department of Justice. There, in addition to major national security, commercial, and administrative law, Bob supervised bankruptcy appeals. At Orrick, Bob has continued to handle big ticket bankruptcy matters, such as a billion-dollar dispute over whether DHL’s claim was discharged by United’s bankruptcy, appeals from the City of Stockton bankruptcy confirmation, and a Ninth Circuit matter involving the interplay of the Takings Clause and bankruptcy law.

Bob’s recent work includes matters for Johnson & Johnson, Avon, Microsoft, Eni, Cheniere Energy, Freeport LNG, Broadreach Power, LS Power, Exxon, Medidata, Renco, MSC Cruise Line, Golden 1 Credit Union, Credit Suisse, TravelCenters of America, Gannett, and the City of Stockton.

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