Douglas Hallward-Driemeier

Douglas Hallward-Driemeier

Ropes & Gray LLP

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Latest Publications


Supreme Court Unanimously Upholds FCA Statute of Limitation Defense and Clarifies Applicability of the First-to-File Bar in KBR...

Tuesday, the Supreme Court of the United States released a unanimous opinion in Kellogg Brown & Root Services Inc. v. United States ex rel. Carter, resolving a pair of open procedural questions that frequently arise in False...more

5/28/2015 - Defense Contracts False Claims Act First-to-File Fraudulent Charges KBR (formerly Kellogg Brown & Root) Qui Tam SCOTUS Statute of Limitations WSLA

Supreme Court Holds “Good-Faith Belief in Invalidity” Is No Defense to Induced Infringement

On May 26, 2015, the Supreme Court held in Commil USA, LLC v. Cisco Systems, Inc. that a defendant’s good-faith belief in the invalidity of the patent-in-suit is not a defense to induced infringement under 35 U.S.C. § 271(b)....more

5/27/2015 - Cisco v CommilUSA Good Faith Induced Infringement Patent Infringement Patent Litigation Patents SCOTUS

Supreme Court Bankruptcy Decision Strengthens Creditor Leverage in Plan Negotiations

On May 4, 2015, in the case Bullard v. Blue Hills Bank, the United States Supreme Court held that debtors in chapter 13 (and presumably chapter 9 and 11 as well) are not entitled as of right to immediately appeal bankruptcy...more

5/7/2015 - Appeals Bullard v Blue Hills Bank Chapter 11 Chapter 13 Popular SCOTUS

In First Appeal Decision from a PTAB Final Written Decision, Federal Circuit Holds PTAB IPR Institution Decisions Not Appealable,...

On February 4, 2015, the Federal Circuit issued its first opinion addressing an appeal from a final written decision of the new Patent Trial and Appeal Board (“PTAB” or “Board”) in post-grant proceedings under the America...more


D.C. Circuit Affirms Dismissal of FCA Claims Based on Avoidance of Customs Duties

In United States ex rel. Doe v. Staples, Inc., the Court of Appeals for the District of Columbia Circuit recently affirmed the dismissal of claims alleging that three major office retail suppliers falsely declared to U.S....more

1/13/2015 - Anti-Dumping Duty Appeals China Countervailing Duties Customs and Border Protection Dismissals False Claims Act Imports ITC Retailers Staples

Federal Circuit Applies Alice to Biotechnology in Striking Down Myriad Method of Screening Claims, Leaves Door Open for Narrower...

On December 17, 2014, a three judge panel of the Federal Circuit issued a ruling that may significantly narrow the scope of patent eligible subject matter with respect to method claims in the biotechnology field. The...more

12/19/2014 - AMP v Myriad CLS Bank v Alice Corp DNA Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents

Implications of the Argentina Debt Litigation for Foreign Sovereign Immunity

Foreign sovereigns have long assumed that the Foreign Sovereign Immunities Act (FSIA) provides them with substantial protection against litigants in United States courts. Although the immunity afforded by the FSIA has never...more

7/31/2014 - Argentina v NML Capital Debt Foreign Defendants FSIA SCOTUS Sovereign Immunity

Supreme Court Upholds Limited Bankruptcy Court Jurisdiction Over Defendants in Fraudulent Transfer Actions; Leaves an Open Door to...

On June 9, 2014, the Supreme Court issued a decision in Executive Benefits Insurance Agency v. Arkison, a case that tested the extent of the jurisdiction of bankruptcy court judges to decide fraudulent transfer and certain...more

6/10/2014 - Article III Chapter 7 Commercial Bankruptcy EBIA v Arkison Executive Benefits Insurance Agency Fraudulent Conveyance SCOTUS Stern v Marshall Tortious Interference

Supreme Court Will Decide Deadline for Prospectus Class Actions

Last Monday the Supreme Court decided to hear Public Employees’ Retirement System of Mississippi v. IndyMac MBS, Inc. (No. 13-640) to resolve when investors can rely on pending class actions to litigate claims of false or...more

3/14/2014 - Class Action Disclosure IndyMac Prospectus SCOTUS Securities Act of 1933

Solicitor General Recognizes Conflict, but Recommends that Supreme Court Deny Review of False Claims Act Case Involving Rule 9(b)...

The United States Solicitor General has recommended that the Supreme Court deny certiorari in United States ex rel. Nathan v. Takeda Pharmaceuticals N.A. Inc., et al. (No. 12-1349), a False Claims Act (“FCA”) case involving...more

2/28/2014 - False Claims Act Federal Rules of Civil Procedure Fraud Pleading Standards SCOTUS

Ropes & Gray Welcomes Supreme Court Decisions in Proposition 8 and Defense of Marriage Act Cases

On June 26 the Supreme Court issued two important rulings in favor of equal human dignity, and Ropes & Gray is proud to have joined with many other organizations to help bring about these landmark decisions. Through its...more

6/28/2013 - COBRA DOMA Due Process Employee Benefits Equal Protection FMLA Hollingsworth v Perry Proposition 8 Same-Sex Marriage Standing US v Windsor

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