Constitutional Law › Science, Computers & Technology › Civil Procedure

Congress Conducts Hearings on Section 337 Litigation at the International Trade Commission

On April 16, 2013, the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, held a hearing on “Abusive Patent Litigation: The Issues Impacting American Competitiveness and Job...more

Federal Court Orders FDA to Approve OTC Sales of “Morning-After Pill,” Finds Current Age and Point-of-Sale Restrictions to be...

On April 5, 2013, Judge Edward R. Korman of the United States District Court for the Eastern District of New York found that the Secretary of Health and Human Service’s (“HHS”) decision to limit over-the-counter (“OTC”)...more

Spotlight on SALT: New York Court of Appeals Upholds the State's "Click-Through Nexus" Statute

On March 28, 2013, in Overstock.com, LLC v. New York State Dept. of Taxation and Finance, the New York Court of Appeals, New York's highest court, upheld the New York State "click-through nexus" statute against a challenge...more

Briefing the Supreme Court in Myriad

March 15, 2013 was a big deadline for patent applicants seeking to secure first-to-invent filing dates for U.S. patent applications, but April 15 will be a big day for the biotechnology industry, when the Supreme Court hears...more

Setback for Apple in iPhone MDL

In a case about exposing user data, Apple suffered a setback due to its concealment of information in litigation. Last week, in the multi-district litigation, In Re iPhone Application Litigation, Judge Lucy Koh of the...more

Supreme Court’s Clapper Decision Raises Bar for Standing in Data Security Breach Litigation

On February 26, 2013, the United States Supreme Court in Clapper v. Amnesty International adopted a demanding standard for Article III standing in privacy cases. Although the case addressed issues of Constitutional privacy,...more

Personal Jurisdiction From E-Contacts Remains An Unpredictable Issue

Originally published in the New York Law Journal on February 25, 2013. Advances in technology continue to have an interesting and quixotic effect on the way in which courts grapple with personal jurisdiction. Commercial...more

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

It should come as no surprise that making a false statement about a competitor’s product or service is actionable. Similarly, albeit slightly less obvious, repeating a false statement that someone else makes about a...more

NCAA, et. al. v. Christopher J. Christie, et. al. (New Jersey Sportsbetting / PAPSA Litigation)

USDOJ MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT

MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT [U.S. Department of Justice, Civil Division] --- [USDOJ Memo of Points & Authorities argues that PASPA is...more

Second Circuit Holds First Amendment Bars Conviction Based Solely on Off-Label Promotion of FDA-Approved Drug

In its long-awaited decision in United States v. Caronia, the Second Circuit ruled today that the First Amendment bars the criminal prosecution of pharmaceutical manufacturers or their sales representatives for truthful,...more

District Court Denies Equitable Tolling, Fifth Amendment Taking in Novartis Patent Term Adjustment Case

In another significant Patent Term Adjustment (PTA) case decided last week (Novartis AG v. Kappos, Civ. Action No. 10-cv-1138 (Nov. 15, 2012)), the U.S. District Court for the District of Columbia found that Novartis could...more

US v. Pokerstars, et. al. (Christopher Ferguson)

CHRISTOPHER FERGUSON’S MEMORANDUM OF LAW JOINING HOWARD LEDERER’S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO DISMISS THE...

CHRISTOPHER FERGUSON’S MEMORANDUM OF LAW JOINING HOWARD LEDERER’S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT: ----- "Christopher Ferguson joins in Howard Lederer’s...more

US v. Pokerstars, et. al. (Lederer)

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S...

[LEDERER'S MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S IN PERSONAM CIVIL MONEY LAUNDERING CLAIM AND FIRST AND SECOND IN REM...more

US v. Pokerstars, et. al. (Lederer)

DEFENDANT AND CLAIMANT HOWARD LEDERER'S NOTICE OF MOTION AND MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT'S IN PERSONAM...

[MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S IN PERSONAM CIVIL MONEY LAUNDERING CLAIM AND FIRST AND SECOND IN REM CLAIMS] "The original...more

Federal District Court Allows Data Breach Class Action to Proceed Based On Risk Of Future Harm

On October 11, the U.S. District Court for the Southern District of California held that the plaintiffs in a consolidated data breach class action have plead sufficient harm to satisfy Article III’s injury-in-fact requirement...more

Eleventh Circuit Reverses Dismissal of Data Breach Class Action Involving Stolen Laptops

Addressing a purported class action filed after laptops containing health care patients’ private data were stolen, the Eleventh Circuit recently issued one of its more consumer-friendly class action decisions, Resnick v....more

Why You Need to Pay Close Attention to Antitrust Standing

In a nutshell, you need to pay attention to antitrust standing doctrine because the doctrine has real teeth and can result in dismissal of claims. That’s what the plaintiff in Static Control Components, Inc. v. Lexmark...more

How to Identify the Anonymous Online Defamer

After reading part one of this series on whether legal action is the right move to respond to negative online comments as discussed in part one, you have decided you need for defamation. So, how do you figure out who to sue...more

USA v. Poker Stars (Christopher Ferguson

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS VERIFIED FIRST AMENDED COMPLAINT

The government’s in personam claim for civil money laundering penalties against Howard Lederer is premised on allegations that (1) Lederer participated in FTP’s fraud against its players; and (2) FTP operated in violation of...more

USA v. Poker Stars (Christopher Ferguson

CHRISTOPHER FERGUSON’S MEMORANDUM JOINING HOWARD LEDERER’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF HIS MOTION TO...

Christopher Ferguson joins in the Memorandum of Points and Authority in Support of Howard Lederer’s Motion to Dismiss the Verified First Amended Complaint (the “Complaint”) for failure to state a claim under Rules 9(b) and...more

Eli Lilly & Co. File Amicus Brief in AMP v. Myriad

We are living in an age of retrenchment with regard to patent law, where thirty years of Federal Circuit precedent, from the court created by Congress to harmonize U.S. patent law to great public benefit, is being...more

Supreme Court Rejects Agency Interpretation; Pharmaceutical Reps Exempt From Overtime

In Christopher et al. v. Smithkline Beecham Corp.,--- S.Ct. ----, 2012 WL 2196779, U.S., June 18, 2012 (NO. 11-20412, C.D.O.S, 6646, the Supreme Court rejected the Department of Labor's interpretation of its own regulations...more

Will Thursday Be the End of Biosimilars?

It is expected that the Supreme Court will hand down its decision on Health Care Reform this Thursday. As we discussed in a previous post, there is a real possibility that the Court will strike down the entire Affordable...more

Plaintiffs Respond to Myriad's "Suggestion" of Mootness or, Alternatively, Motion for Remand in AMP v. USPTO

On May 30th, Myriad Genetics filed a motion in the remand of Association for Molecular Pathology v. U.S. Patent and Trademark Office case ("Myriad") to the Federal Circuit, styled "Appellant's Suggestion of Mootness, or, in...more

Higher Education Highlights - Spring 2012

In This Issue: - Will the U.S. Supreme Court Uphold Race-Based Affirmative Action? pages 1 - 3 - UCLA and Professor Face Fines and Criminal Charges in the Aftermath of Fatal Lab Fire pages 4 - 5 - Law School...more