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The Federal Circuit availed itself of another opportunity to demonstrate that the Supreme Court's recent decision in Teva v. Sandoz may be relevant in cases that are the exception rather than the rule. The Federal Circuit's...more
Clarifying the application of issue preclusion in the context of patent invalidity, the U.S. Court of Appeals for the Federal Circuit explained that its prior judgment of obviousness applies to all subsequent parties, even if...more
The Federal Circuit’s recent decision in Pacing Technologies, LLC v. Garmin International, Inc. (No. 2014-1396) provides patent litigators with a new tool for claim construction arguments and may make patent prosecutors...more
Patent Office’s Decision To Institute IPR Not Reviewable -
In IN RE CUOZZO SPEED TECHNOLOGIES, LLC, the Federal Circuit held it lacks jurisdiction to review the Patent Office’s decision to institute inter partes review....more
Last week, a Minnesota federal district court granted a motion for preliminary approval of a settlement of putative consumer class action claims against Target in the wake of a data breach at the retailer over the 2013...more
The ECJ heard arguments, this week, in the action against the Irish Data Protection Commissioner that Safe Harbor should be declared invalid. The case was originally brought by Austrian law student, Max Schrems....more
Hewing to prior Third Circuit precedent in Reilly v. Ceridian and the Supreme Court’s precedent in Clapper v. Amnesty International, the Middle District of Pennsylvania recently joined the majority of federal district courts...more
“There are only two types of companies left in the United States … those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of...more
The US District Court for the Middle District of Pennsylvania recently dismissed a consolidated class action against Paytime, Inc. arising out of a data breach by hackers who accessed the personal and financial information of...more
In a well-written opinion, the Supreme Court ruled this week that a final TTAB decision on likelihood of confusion regarding a particular mark can be binding in separate trademark infringement litigation. The Court reversed a...more
Andrews, J. Defendant’s motion to dismiss for failure to state a claim under section 101 is granted as to all asserted claims. Oral argument was held on May 23, 2014. ...more
The U.S. Environmental Appeals Board (EAB) issued an opinion this month that sheds light on section 8(e) of the Toxic Substances Control Act (TSCA); specifically, the applicability of the “continuing violations doctrine” to...more
A patent defendant specializing in “virtual” database systems recently learned how real its burden is when seeking to transfer out of the District of Massachusetts. Delphix Corp. (“Delphix”) and Actifio, Inc. (“Actifio”) have...more
In In re Lipitor Antitrust Litigation, No. 12 Civ. 2389 (D.N.J.), U.S. District Judge Peter G. Sheridan has confirmed his prior ruling that under the Supreme Court’s decisions in Twombly, Iqbal, and FTC v. Actavis, Inc., 133...more
In a rare published decision concerning California’s expansive Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as “Prop 65,” the California Court of Appeal on March 17, 2015, dealt companies a victory in...more
March 25 is a significant day in legal history. On this date in 1911, the Triangle Shirtwaist factory in New York City caught on fire, killing 146 workers. (One of those lost souls was the great-grandmother of a member of...more
In the past two years, there have been a number of lawsuits filed against major corporations as a result of data breaches, including the class action filed against Target following the data breach it suffered in late 2013. ...more
The ACLU championed its efforts in the AMP v. Myriad case as being another instance of the group fighting for the rights of the many and the powerless against corporate America and the oligarchical few. In a paradox, it now...more
On March 2, 2015, The Cartoon Network Inc. (“Cartoon Network”) filed its response brief in Mark Ellis v. Cartoon Network Inc., asking the Eleventh Circuit Court of Appeals to uphold the district court’s dismissal of the...more
It wasn’t too long ago that, down the shore, New Jersey hosted one of the most notorious litigation hellholes in the country. That’s not the case anymore, as the current (2014-15) ATRA Judicial Hellholes report explains in a...more
Functional limitations and Senju Pharm. v. Lupin Pharm.
Last year in Senju Pharma. v. Apotex Inc., 746 F.3d 1344 (Fed. Cir. 2014), Senju and Allergan were blocked from suing Apotex on a re-examined set of claims under...more
On March 19, 2015, Judge Seeborg of the Northern District of California handed a significant victory to Sandoz's efforts to bring the first biosimilar product to market by denying Amgen's partial judgment on the pleadings and...more
Storm v. Paytime, Inc. — a recent case decided by the U.S. District Court for the Middle District of Pennsylvania — gives companies that have suffered third-party data breaches another decision to support dismissing class...more
Order Granting Takeda’s Motion to Strike, Takeda Pharmaceutical Co. LTD., et al., v. TWi Pharmaceuticals, Inc., Case No. 13-cv-02420-LHK (Judge Lucy H. Koh) -
The Northern District Patent Local Rules are specifically...more
On March 19, 2015, Draeger Medical Systems, Inc. (“Draeger”) filed a Declaratory Judgment action against My Health, Inc. (“My Health”). The complaint alleges that My Health sent a cease and desist letter to Draeger that...more
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