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Civil Procedure Science, Computers & Technology

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

District Court Allows Mohawk Tribe to Join ANDA Litigation, Finds Patents at Issue Invalid

In something of an anticlimax, Federal Circuit Judge William Bryson, sitting by designation on the bench of the U.S. District Court for the Eastern District of Texas, granted Allergan's motion to join the St. Regis Mohawk...more

Court Permits St. Regis Mohawk Tribe to Join Restasis® Litigation, but Nixes Allergan’s Patents

by Goodwin on

Today, Judge Bryson, a Federal Circuit judge sitting by designation in the U.S. District Court for the Eastern District of Texas, Marshall Division, issued an Opinion and Order granting Allergan’s motion to join the St. Regis...more

Justices to Hear DOJ Appeal on Microsoft Ruling: Is Email Stored Abroad Subject to a U.S. Warrant?

The Supreme Court is poised to finally answer the question that’s been plaguing federal courts across the country: must U.S. tech companies comply with warrants issued under the Stored Communications Act (“SCA”) that demand...more

Antitrust Claims Against Telescope Manufacturer Ningbo Sunny Dismissed and Shot into Space

On September 28, 2017, Judge Edward Davila dismissed an antitrust complaint filed by Optronic Technologies, Inc. (dba Orion) against Ningbo Sunny Electronic Co., Ltd., Sunny Optics, Inc. and Meade Instruments Corp. The case...more

Fighting Patent Trolls

by Snell & Wilmer on

When it comes to suppressing U.S. competiveness, no one does it better than patent trolls. A 2017 study concluded that 5,100 patent infringement lawsuits were filed in 2016. Patent Trolls account for about 67% of...more

MDL Direct Filing & Personal Jurisdiction

by Reed Smith on

Bexis gave a talk the other day at the Washington Legal Foundation on personal jurisdiction after last term’s United States Supreme Court decisions in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017)...more

Double Preemption Win in Amiodarone Litigation

by Reed Smith on

With PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011), and Mutual Pharmaceutical Co. v. Bartlett, 133 S. Ct. 2466 (2013), preemption arguments in cases involving generic prescription drugs has become a little like shooting fish in...more

AbbVie Answers BI’s Counterclaims in Adalimumab Litigation

by Goodwin on

As we previously reported, on August 2, 2017, AbbVie filed a complaint against Boehringer Ingelheim (BI) in the U.S. District Court for the District of Delaware regarding BI’s aBLA for a biosimilar version of AbbVie’s Humira®...more

Federal Circuit Questions Written Description For Antibody Claims

by Foley & Lardner LLP on

The October 5, 2017 Federal Circuit decision in Amgen Inc. v. Sanofi is getting a lot of attention for its commercial impact, because the court vacated the permanent injunction that prevented Sanofi and Regeneron from...more

FTC’s Unfairness Claim is Dismissed in Closely Watched Device Data Privacy-Based Action

The January 5, 2017, Complaint filed by the Federal Trade Commission (“FTC”) in the U.S. District Court for the Northern District of California (“Court”) against D-Link Corporation and D-Link Systems, Inc. (Federal Trade...more

Supreme Court’s Decision in Bristol-Myers Squibb Co. Has Significant Implications for Where Your Business Can Sue and Be Sued

by Cohen & Grigsby, P.C on

One of the many costs of doing business in the United States is the threat of litigation. Most businesses will face litigation at some point. Depending on the nature of the business, that litigation might take the business...more

FTC Invests In Technology To Prepare for Busy Year Of Litigation And Investigations

by Fox Rothschild LLP on

The Federal Trade Commission is investing nearly $3 million in technology to support an increasing need for e-discovery driven by massive data breaches such as the one disclosed recently by Equifax. The news comes from the...more

Empty Gestures – Pennsylvania’s Right To Try Legislation

by Reed Smith on

For the second time in three years the Pennsylvania legislature has proven itself entirely unable to carry out its most basic function, which is to pass a budget – any budget – which is balanced and otherwise meets...more

Massachusetts Patent Litigation Wrap Up – September 2017

by Fish & Richardson on

This post is part of a monthly series summarizing notable activity in patent litigation in the District of Massachusetts, including short summaries of substantive orders issued in pending cases. In 2015, Oxford accused...more

Genentech Files a Complaint Against Amgen in Delaware Regarding MVASI® (bevacizumab-awwb)

by Goodwin on

We previously reported that on October 6, 2017, Amgen filed a declaratory judgment action against Genentech regarding Amgen’s recently approved biosimilar of Avastin® (bevacizumab-awwb). On the same day, Genentech filed a...more

Business Litigation E-Note - September 2017

by Burr & Forman on

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016...more

Guest Post -- Patent Exhaustion and Pharmaceuticals

On May 30th, the Supreme Court ruled in Impression Products, Inc. v. Lexmark International, Inc. that all patent rights are automatically exhausted upon the sale of a product irrespective of contract stipulations and...more

Federal Circuit OK's Use of Post-Priority-Date Evidence

by Morgan Lewis on

The ruling found that the use of such evidence was proper for written description and enablement....more

Internet of Things (IoT) Poses Information Governance Challenges for Organizations - Nextra Solutions

by Nexsen Pruet, PLLC on

The Internet of Things (“IoT”) seems to impact every aspect of life. IoT generally refers to computing devices embedded in everyday objects that collect data. From thermostats to driver-assisted cars, innumerable devices...more

Third Circuit Affirms Dismissal of Plaintiffs’ Challenge to Risk Factors and Earnings Projections, in Williams v. Globus Medical,...

A recent Third Circuit opinion demonstrates the high bar that plaintiffs face when attempting to plead the falsity of two categories of statements: (1) risk factors alleged to be misleading because the warned-of risk had...more

McDowell v. CGI Federal Inc.: A Stark Reminder to Government Contractors of their Cybersecurity Obligations

by Hogan Lovells on

On June 1, 2017, the United States District Court for the District of Columbia issued a decision in a class action lawsuit, McDowell v. CGI Federal Inc., Civ. Action No. 15-1157 (GK) (D.D.C. 2017), which could have...more

Employee Fingerprinting and the Illinois Biometric Information Privacy Act: Class Action Suits Filed

by Franczek Radelet P.C. on

On September 29, 2017, a group of employees at Peacock Foods filed a class action lawsuit claiming that the company’s collection of employee fingerprints for time-tracking purposes violated the Illinois Biometric Information...more

Data Breach Doubleheader: The Eighth Circuit Issues Two Decisions Addressing Boundaries of Standing in Data Breach Class Actions

by K&L Gates LLP on

In two recent decisions, the Eighth Circuit addressed the hotly-litigated issue of when consumer plaintiffs have standing to pursue claims arising out of a data breach. The decisions stake out the Eighth Circuit’s positions...more

Venue Over An ANDA Defendant: D. Del. Weighs In

by Fish & Richardson on

In light of the Supreme Court’s TC Heartland decision, courts around the country have been grappling with venue-related challenges in patent cases. Under the patent venue statute, 28 U.S.C. § 1400(b), venue is proper “where...more

Federal Circuit splits on deference to agency rules

by Dentons on

The US Court of Appeals for the Federal Circuit (the Court), sitting en banc, issued its long-anticipated decision in Aqua Products[i], regarding properly allocating the burden of proving validity (or invalidity) when...more

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