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Extrinsic Evidence Abuse of Discretion

Mintz - Securities Litigation Viewpoints

In Khoja, the Ninth Circuit Limits Defendants’ Ability to Argue Facts in a Motion to Dismiss

In Khoja v. Orexigen Therapeutics, Inc., the Ninth Circuit clarified the “rare circumstances” when a court may review documents extraneous to the pleadings in ruling on a motion to dismiss. Given that it has become routine...more

Knobbe Martens

Federal Circuit Review - May 2018

Knobbe Martens on

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

Womble Bond Dickinson

The Fourth Circuit Opens the Door to Extrinsic Evidence in Considering a Claim for Employee Benefits

Womble Bond Dickinson on

Executive Summary: The Fourth Circuit expands the scope of admissible evidence in an ERISA employee benefits case. The very first principle applied in a lawsuit for benefits from an ERISA-governed employee benefit plan...more

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