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Affirmative Defenses Pleadings

Freiberger Haber LLP

The Relation-Back Doctrine Under CPLR 203(c) and (f)

Freiberger Haber LLP on

It is well-settled that leave to amend a pleading is to be freely granted. Leave may be denied, however, if the proposed amendment is palpably insufficient or patently devoid of merit, or if it would cause undue prejudice to...more

Smart & Biggar

Patent owner named as defendant may file reply in actions under the PMNOC Regulations

Smart & Biggar on

In an action commenced by Allergan against Apotex in respect of ulipristal (Allergan’s FIBRISTAL) under the Patent Medicines (Notice of Compliance) Regulations (PMNOC Regulations), an issue arose as to the appropriate...more

Akin Gump Strauss Hauer & Feld LLP

Invalidity Defenses Will Not Be Stricken at Pleading Stage Despite Defendant’s Earlier PGR Petition

A district court has denied a patent owner’s motion to strike wholesale a defendant’s affirmative defense of invalidity. The key issue in the motion to strike was the application of the estoppel provision of 35 U.S.C. §...more

Arnall Golden Gregory LLP

Begin with the End in Mind: Collaboration with Outside Counsel in Preparing Trial-Ready Initial Pleadings

If there is a secret to effective business litigation, it is planning early and well – as early as preparing the complaint or, for defendants, their answer and defenses. While a cogent, powerful opening pleading has always...more

Moore & Van Allen PLLC

Congress Takes Up Patent Litigation Reform – Innovation Act Reintroduced, Supreme Court Cases Examined

Congress v SCtPatent litigation reform has been on the U.S. House Judiciary Committee agenda, with the recent reintroduction of legislation seeking to address patent litigation abuses and a hearing examining recent U.S....more

Brooks Pierce

Don't Throw The Kitchen Sink Of Defenses Into Your Answer

Brooks Pierce on

Say you are filing an Answer to a Complaint. NC Rule of Civil Procedure 8(c) lists a host of affirmative defenses you might raise. They are: accord and satisfaction, arbitration and award, assumption of risk,...more

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