Certiorari

News & Analysis as of

Entertainment and Media Litigation Update - February 2016

Be Reasonable: The U.S. Supreme Court Agrees to Review the Standard for Awarding Attorneys' Fees to the Prevailing Party in Copyright Infringement Suits - Why it matters: On January 15, 2016, the U.S. Supreme Court...more

MoFo Tax Talk - Volume 8, No. 4

IRS PROVIDES RICS ALTERNATIVES TO ACCOUNT FOR FOREIGN TAX REFUNDS - Generally, when a U.S. taxpayer pays foreign tax, the U.S. taxpayer is entitled to take a credit (a “Foreign Tax Credit”) against the taxpayer’s U.S....more

Implied Certification and the FCA: Legally False or a False Legality? The Supreme Court Is Set to Decide

The United States Supreme Court recently granted certiorari in the case of Universal Health Services, Inc. v. U.S. ex rel. Escobar, No. 15-7, which places implied certification under the False Claims Act (FCA) squarely in the...more

Supreme Court’s Amgen Order Confirms That Fifth Third Bancorp’s ERISA Stock-Drop Pleading Standard Has Teeth

In a recent per curiam order granting the plan fiduciaries’ petition for certiorari and reversing the Ninth Circuit, the United States Supreme Court made clear that it expects lower courts to faithfully apply the pleading...more

Getting By With a Little Help From Friends: United States Supreme Court to Clarify Insider Trading Liability in Tipping Cases

On January 19, 2016, the United States Supreme Court granted certiorari in United States v. Salman, in which the Ninth Circuit Court of Appeals held that the government may prove a “personal benefit” to a tipper of inside...more

U.S. Supreme Court Upholds FERC Jurisdiction Over Demand Response

On January 25, 2016, in a 6-2 decision delivered by Justice Kagan, the U.S. Supreme Court upheld the authority of the Federal Energy Regulatory Commission (FERC) under the Federal Power Act to require wholesale market...more

Will the Supreme Court Put the Brakes on the IPR Trend? Cuozzo Speed Tech., LLC v. Lee

Not so fast: the United States Supreme Court is set to review the America Invents Act’s (“AIA”) fast-track inter partes review (“IPR”) process. On January 15, 2016, the Supreme Court granted certiorari in Cuozzo Speed...more

Kirtsaeng Looks to Take Second Bite Out of the Supreme Court Apple

Supap Kirtsaeng (“Kirtsaeng”) already has one precedential U.S. Supreme Court case under his belt, and on Friday, January 15, 2016, the Supreme Court decided to give him a chance at a second when it granted certiorari of...more

Supreme Court to Address IPR Proceedings & Willful Infringement

The Supreme Court will continue to shape patent law in 2016, addressing critical components of the widely-popular Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board, and examining the standard for...more

Supreme Court grants Certiorari in Texas v. USA

Tuesday, the Supreme Court granted certiorari in Texas v. USA, setting the stage for a blockbuster opinion on the legality of the centerpiece of President Obama’s program to lift the threat of deportation and provide...more

Supreme Court to Review Decision in Important Insider Trading Case – Likely to Clarify Law on the Personal Benefit Requirement

The Supreme Court yesterday granted certiorari in the case United States v. Salman, an insider trading case decided by the Ninth Circuit Court of Appeals. This is significant because in Salman the critical issue is whether...more

Supreme Court To Hear Salman On Newman Personal Benefit

One of the most significant debates regarding insider trading in recent years centers on the personal benefit test adopted in U.S. v. Newman, 773 F. 3d 438 (2nd Cir. 2014) for tippee liability. The court in Newman held its...more

Supreme Court to Review Two Key IPR Issues

On January 16, 2016, the Supreme Court granted certiorari on Cuozzo Speed Technology’s petition to review In re Cuozzo Speed Tech., 793 F.3d 1268 (Fed. Cir. 2015). Cuozzo presented two questions, and the Court has accepted...more

Supreme Court Agrees to Review Major Immigration Case Just as the Presidential Election Heats Up

Immigration is already a major issue in this year’s presidential race, as candidates from both parties try to score political points out of the presence of roughly eleven million undocumented immigrants in the country and the...more

U.S. Supreme Court Accepts Appeal of First Inter Partes Review Decision: Could Mark a Significant Turning Point in Claim...

The Appeal by Cuozzo Speed Technologies - The U.S. Supreme Court accepted its first appeal from the Federal Circuit involving an inter partes review (IPR) styled Cuozzo Speed v. Lee, which is also the first time the...more

Supreme Court to Review Insider-Trading Decision on Personal Benefit

On January 19, 2016, the Supreme Court agreed to review the Court of Appeals for the Ninth Circuit's decision concerning the "personal benefit" required to establish a claim for insider trading. The grant of certiorari in...more

Supreme Court to Review Important IPR Questions

Supreme Court granted Cuozzo’s Petition for Certiorari regarding two important questions affecting post-grant reviews: ..Whether the Court of Appeals erred in holding that in proceedings, the Board may construe claims...more

Potential Havoc at the PTAB - The US Supreme Court granted certiorari on issues that could wreak havoc with pending patent cases

Last Friday, the Supreme Court of the United States (SCOTUS) granted certiorari to consider two hotly contested issues that may have a very strong impact on inter partes reviews (IPR)[1] at the Patent Trial and Appeal Board...more

Supreme Court Accepts 1st IPR Appeal: Cuozzo Could Mark Turning Point for Patent Owners

On January 15, 2016, the Supreme Court granted certiorari in Cuozzo Speed v. Lee, which represents the first time the high Court will address an AIA proceeding, in this case an IPR decision. Based on the questions presented...more

Cuozzo Speed Technologies, LLC v. Lee

The Supreme Court on Friday granted certiorari to review the Federal Circuit's decision that the U.S. Patent and Trademark's Patent Trial and Appeal Board was entitled to perform claim construction in inter partes review...more

The Supreme Court Will Review Inter Partes Review Standards

CUOZZO SPEED TECHNOLOGIES, LLC, PETITIONER v. MICHELLE K. LEE, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, PATENT AND TRADEMARK OFFICE, the Court of Appeals for the Federal Circuit held that (1), in...more

Certification Denials and Appellate Jurisdiction

Last Week, the Supreme Court granted certiorari in the Microsoft Xbox case to decide whether federal courts of appeals have jurisdiction to review orders denying class certification after named plaintiffs voluntarily dismiss...more

Who Is Exempt From Liability For Deceptive Debt Collection Claims?

On December 11, 2015, the U.S. Supreme Court granted certiorari to hear a dispute concerning allegations of deceptive debt collection by lawyers. The case, Sheriff v. Gillie, was brought under the Fair Debt Collection...more

The Safest Supreme Court Bet in Years

Each December 31, my good friends from the neighborhood and I gather to ring in the New Year. To help this not-so-hard-partying group actually stay up late enough to see the Times Square ball drop, about 15 years ago we...more

False Claims Act: 2015 Year in Review

This year continued the trend of aggressive False Claims Act (FCA) enforcement by the Department of Justice (DOJ) and high volumes of qui tam lawsuits brought by whistleblowers. In fiscal year 2015, the DOJ marked the fourth...more

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