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1
Calling SCOTUS: Sixth Circuit Re-Establishes Circuit Split Re U.S. Discovery In Aid Of Foreign Commercial Arbitration (28 U.S.C. § 1782)
The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a ...
United States
16 Oct 2019
2
The Fifth Circuit Adopts An Expansive Reading Of Section 510(b); Subordinates Claim With ‘Equity Characteristics'
In French v. Linn Energy, L.L.C. (In re Linn Energy, L.L.C.), the United States Court of Appeals for the Fifth Circuit addressed the scope of Bankruptcy Code Section 510(b),
United States
10 Oct 2019
3
Third Circuit Says The FCA Does Not Guarantee A Hearing When DOJ Seeks To Dismiss Declined FCA Cases
The Court of Appeals for the Third Circuit recently weighed in on a relator's right to a hearing where the government moves to dismiss a declined qui tam case
United States
30 Sep 2019
4
California Supreme Court Delivers PAGA Win For Employers
In a significant victory for California employers who use arbitration agreements, the California Supreme Court ruled
United States
20 Sep 2019
5
Eleventh Circuit Rules In AseraCare Case That Disagreements In Clinical Judgment, Without Objective Falsity, Do Not Prove Fraud Under The FCA
On Monday, the U.S. Court of Appeals for the Eleventh Circuit issued its long-awaited and closely watched decision in United States v. AseraCare Inc..
United States
16 Sep 2019
6
Judge Rakoff Unseals Documents In Petrobras Securities Class Action To Allow Use In Foreign Arbitration, Bypassing Traditional Requirements Of 28 U.S.C. § 1782
Years after Plaintiffs brought a federal securities complaint against Petrobras, and more than a year after the case settled for approximately $3 billion, Judge Jed S. Rakoff
United States
16 Aug 2019
7
Whose Game Is On? Carrie Underwood And NBC Sued Over SNF Song
As any football fan knows, Carrie Underwood has performed the introductory song for Sunday Night Football since 2013.
United States
17 Jul 2019
8
The International Trade Commission Has Broad Jurisdictional Authority, Including Indirect Sellers
On April 26, 2019, Administrative Law Judge ("ALJ") Lord clearly stated in Certain Intraoral Scanner and Related Hardware and Software that the International Trade Commission's ("ITC")
United States
17 Jun 2019
9
Azar v. Allina: Supreme Court Decides Important Case On When CMS Must Use Formal Rulemaking When Instructing Medicare Contractors
On June 3, 2019, the U.S. Supreme Court issued a decision in Azar v. Allina Health Services. The case involved a challenge by hospitals over whether the Department of Health and Human Services
United States
13 Jun 2019
10
Claim Construction Of "Customary And Ordinary" Meaning Does Not Justify Amendment Of Noninfringement And Invalidity Contentions
Recently, in a patent infringement action pending in the Eastern District of Michigan, Webasto Thermo & Comfort N. Am., Inc. v. BesTop, Inc., No. 2:16-cv-13456.
United States
12 Jun 2019
11
Supreme Court Adopts A "Rejection-As-Breach" Rule To Allow Licensee To Continue To Use Trademark Following Debtor's Rejection Of License
On May 20, 2019, the United States Supreme Court ruled that a debtor-licensor's ‘rejection' of a trademark license agreement under section 365 of the Bankruptcy Code does not terminate the licensee's rights...
United States
10 Jun 2019
12
Performing A Service Without Selling The Process Still Triggers The On-Sale Bar
Services play a large role in today's economy, and it is important to be mindful of how certain pitfalls that apply to product-based intellectual property rights also apply to method
United States
7 Jun 2019
13
ITC Alj McNamara In Apple-Qualcomm Investigation: Exclusion Orders Are Incentives To Design- Around
In her April 16, 2019 Public Interest Findings, ALJ McNamara decisively stated that antitrust issues disguised as competitive conditions arguments are not a factor in the ITC proceeding between Apple and Qualcomm.
United States
5 Jun 2019
14
Supreme Court Denies Opportunity To Clarify Whether The Federal Securities Laws Carry A Duty To Update
On May 20, 2019, the U.S. Supreme Court denied defendants-appellees' petition for certiorari in Hagan v. Khoja.
United States
5 Jun 2019
15
Establishing Jurisdiction Over Federal Court Motions To Confirm, Vacate Or Modify Domestic Arbitral Awards
As discussed in earlier posts, the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq., does not provide an independent basis for federal subject matter jurisdiction over federal court
United States
30 May 2019
16
Under New Guidance: Patent Eligibility Of Computerized Diagnostics At The PTAB
We previously reported on a PTAB decision involving a case in which a patent eligibility rejection was overcome by replacing a "comparing" step with a recitation that the sample is from a particular patient population.
United States
29 May 2019
17
District Court Of Delaware Awards An Ongoing Royalty That Applies Not Just To Adjudicated Products But Also To Non-Adjudicated Products That Are "Not Colorably Different."
Recently, in Godo Kaisha IP Bridge 1 v. TCL Commc'n Tech. Holdings Ltd., the Delaware District Court awarded the prevailing plaintiff in a patent infringement suit ...
United States
28 May 2019
18
FCA Relator And U.S. Weigh In On Defendants' Argument That The FCA Is Unconstitutional
As part of our ongoing discussion of the Polukoff False Claims Act (FCA) qui tam case (involving allegations that certain heart procedures performed by a cardiologist, and billed for by two hospital
United States
28 May 2019
19
Where Both Parties Behave Badly In Litigation, Attorneys' Fees Are Unlikely To Be Awarded
On April 25, 2019, in Int'l Designs Corp., LLC, et. al. v. Hair Art Int'l, Inc., Judge George H. Wu in the Central District of California denied Hair Art's motion for attorneys' fees under 35 U.S.C. § 285.
United States
23 May 2019
20
"Interim Measures" In Arbitration: Requiring Pre-Hearing Security For Payment Of An Eventual Final Award
Can an arbitrator require an arbitrating party to post collateral prior to a hearing on the merits of the substantive claim(s) as security with respect to payment of a possible final award
United States
20 May 2019
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