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MP Bank on 23 January 1996 informed the first defendants that at the request of Vietincombank and of the first defendants they had added their confirmation to the Vietnam credit. : 44A / Load/Dispatch/In Charge: Any Port In India : 44B / For transportation to: Ho Chi Minh City Port, Vietnam ... 02 3/3 Set of Clean on Board Ocean Bill of Lading Made Out to Order Vietincombank, Binhthuan Branch, Marked `Freight Prepaid` and Notify Applicant. 07 Certificate of Food Sanitation issued by Government Health Organisation must be presented for acceptance.
The Vietnam credit was subject to the Uniform Customs and Practice for Documentary Credits (`UCP 500`) and contained, inter alia, the following terms: : 41D / Available With ... By amendments made to the letter of credit, the expiry date of the letter of credit was extended to 13 February 1996 and the latest shipment date was extended to 22 January 1996.
"Carriage of goods", in the context of the section, means carriage of goods actually shipped and not hypothetical goods which ought to have been shipped but were never shipped.
Shunk, Baker & Hostetler LLP, of Cleveland, OH, for defendant-appellee Affiliated Computer Services, Inc. After briefly summarizing the contents of the amended complaints, the district court addressed the merits of the joint motion to dismiss. The district court then concluded that the other five amended complaints also failed to state a claim of direct infringement.
Based on these inferences and factual allegations, RL asserts that each Appellee is liable for inducing infringement and contributory infringement of the ′078 patent. Procedural History Culminating in Dismissal of the Amended Complaints In response to the amended complaints, Appellees filed a joint motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, arguing that the amended complaints failed to plausibly allege either direct infringement or indirect infringement. Although these complaints named specific customers that RL asserted were directly infringing the ′078 patent, the district court concluded that the “reasonable inferences” contained in the complaints regarding direct infringement by those customers were not, in fact, reasonable. Because the district court determined RL failed to plausibly plead that the Appellees had specific intent to induce infringement of the method outlined in ′078 patent, the district court concluded that the amended complaints failed to state a claim of induced infringement.
The contracts were governed by English law with all disputes to be settled in Dubai subject to the rules of the Singapore International Chamber of Commerce.
Chris was instructed on behalf of the shipowners in relation to this casualty.
The section has been held to apply not only to cases of damage, actual or constructive, done to the goods in the strict sense but also to cases of non-delivery or delay in delivery.