On June 2, 2022, the Second Circuit issued a decision in Calcano, et al. v. Swarovski North America Ltd., et al., affirming dismissal of five consolidated cases brought by visually impaired plaintiffs who alleged various...more
More than a year after oral arguments in Calcano v. Swarovski North America Ltd., No. 20-1552, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s dismissal of five nearly identical lawsuits brought by...more
This week’s case of the week deals with issues relating to obviousness and standing in a consolidated appeal of two final written decisions issued in inter partes review (“IPR”) proceedings before the Patent Trial and Appeal...more
Priority Claims Cannot Be Incorporated by Reference - In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Limited, Appeal Nos. 2016-2707 and 2016-2708, the Federal Circuit held that when a patent for a...more
For the past few years, consumer-facing businesses that advertise and sell to New Jersey consumers have been subject to an ever-rising tide of class action lawsuits under New Jersey’s Truth-in-Consumer Contract Warranty and...more
On March 10, 2017, Judge John Bates of the U.S. District Court for the District of Columbia upheld CMS’s three-year cost report reopening limitation, as applied to “predicate fact” determinations. The regulation at issue is...more
As our regular readers already know, the Supreme Court is poised to decide one of the most contentious issues facing the wage-and-hour world—namely, whether class- and collective-action waivers render workplace arbitration...more
On October 18, District Judge Alison J. Nathan (S.D.N.Y.) granted defendants Verizon Communications Inc.’s, Verizon Services Corp.’s, Verizon Business Network Services Inc.’s, and Cellco Partnership’s (collectively,...more