First-to-File

News & Analysis as of

Top Five Reasons Why You Should File For Trademark Protection In Cuba

As the U.S. and Cuba progress towards normalizing trade relations, many U.S. companies are contemplating whether it makes sense to do business in Cuba. While some companies already plan to enter the Cuban market, others have...more

District Court Rejects “Worthless Services” FCA Claim, Interprets First-to File Bar and Res Judicata in FCA Context

Earlier this month, the U.S. District Court for the Eastern District of Virginia dismissed a 2-count False Claims Act (FCA) complaint against Unisys Corporation. United States ex rel. Soodavar v. Unisys Corp., 2016 WL 1367163...more

Cuban Trademark Protection: Is now the time?

Recent relaxations in travel restrictions and talks to end the economic embargo the United States has imposed on Cuba for more than 50 years have increased interest in the Cuban market. With its close proximity and 11 million...more

Sixth Circuit Reverses Dismissal, Under First-to-File Rule, of Action Brought by Putative Class Members of Earlier-Filed Class...

Last week, in Baatz v. Columbia Gas Transmission LLC, No. 15-3208, 2016 WL 731900 (6th Cir. 2016), a panel of the Sixth Circuit Court of Appeals reversed the dismissal of a lawsuit brought by a group of landowners in Medina,...more

Can Disclaimer Be Used To Avoid PGR Institution?

The PTAB recently instituted post-grant review in Core Survival, Inc. v. S & S Precision, LLC (PGR2015-00022, paper 8). While the patent owner did not argue that that the patent was eligible for post-grant review, the facts...more

Decision on Institution in PGR petition (PGR2015-00019); US Patent 8,876,991

To date, activity in the PGR (post-grant review) field is insignificant compared to activity in the IPR (inter partes review) or CBM (covered business method review) fields. For example, while there have been 3,953 petitions...more

New Georgia Statute on Bad Faith Patent Cases May Discourage Both Weak and Strong Cases from Being Brought in Georgia

Plaintiff Walter Farmer (“Farmer”) initiated suit in September 2014 asserting infringement of claim 1 of his U.S. Patent No. 7,362,007 (the “’007 Patent”), issued April 22, 2008, and covering uninterruptable power supply...more

Use of Priority Denial to Subject Apparent "Pre-AIA" Patents to PGR: Inguran v. Premium Genetics

A recent decision by the PTAB, Inguran v. Premium Genetics, demonstrates that a Petitioner may subject an apparent “pre-AIA” patent, having at least one priority date before and at least one priority date after March 16,...more

Did The PTAB Dose The AIA Poison Pill Incorrectly Against Premium Genetics?

In Inguran, LLC v. Premium Genetics (UK) Ltd., the USPTO Patent Trial and Appeal Board (PTAB) instituted Post Grant Review (PGR) proceedings in a patent granted from an AIA transition application based on its finding that at...more

First Circuit Permits Supplementation of Complaint to Cure First-to-File Jurisdictional Defects

The FCA first-to-file bar provides that if an action involving the same subject matter is already pending, “no person other than the Government may intervene or bring a related action based on the facts underlying the pending...more

Why Early Trademark Filing Is Crucial In China

A recent trademark ruling in China has underscored the importance of early filing of trademark applications – for both the brand names themselves, as well as the Chinese versions of the brand names (i.e., the brand’s phonetic...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

First Circuit Applies Kellogg Brown & Root to Allow Relator to File Motion to Supplement Previously Dismissed Complaint

In United States ex rel. Gadbois v. PharMerica Corp., — F.3d —- (1st Cir. 2015), the First Circuit, in a matter of first impression, held that a relator’s complaint was not subject to dismissal under the first-to-file bar...more

Third Circuit Affirms First-Filed Rule to Nix Toxic Tort Forum Shopping

Chastising the Plaintiffs for forum shopping, the United States Court of Appeals for the Third Circuit upheld a district court’s decision to dismiss a matter with prejudice on the grounds that the Plaintiffs had previously...more

Did Recent Changes in the Patent Laws Turn the Page on the Need for Accurate Laboratory Notebooks?

With the enactment of the Leahy-Smith America Invents Act (AIA), the U.S. patent system moved to a “first inventor to file” approach for examining all applications having an effective filing date on or after March 16, 2013....more

Did Recent Changes in the Patent Laws Turn the Page on the Need for Accurate Laboratory Notebooks?

With the enactment of the Leahy-Smith America Invents Act (AIA), the U.S. patent system moved to a “first inventor to file” approach for examining all applications having an effective filing date on or after March 16, 2013....more

FCA Cases and SBA Protests

False Claims Act - As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal...more

Qui Tam Lawsuits and the Statute of Limitations

In Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, 575 U.S. ___) (2015), Justice Alito stated “[t]he False Claims Act’s qui tam provisions present many interpretive challenges.” Lawyers and judges who...more

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

Supreme Court Clarifies the First to File Bar

The first to file bar is a limitation on the rights of members of the public to commence certain litigation under the FCA. In essence, the first to file bar prevents a member of the public from commencing an action based...more

Healthcare Legal News: Volume 5, Number 3

RESPONDING TO SUBPOENAS AND OTHER REQUESTS FOR PERSONAL HEALTH INFORMATION: TAKE THEM AT FACE VALUE - Healthcare providers and other HIPAA covered entities receive requests for protected health information (“PHI”) from...more

Pennsylvania District Court Rejects Reinsurer’s “First-Filed” Complaint As Improperly Anticipatory And Filed In Bad Faith

A reinsurer filed a complaint in the Eastern District of Pennsylvania seeking declaratory relief regarding its obligations under a reinsurance contract on May 7, 2015. The defendants filed an action concerning the same...more

NFL Deflategate Suit: Paving The Way For Forum Shopping in Federal Court

When a plaintiff decides to bring a lawsuit, one of the most crucial decisions he has to make is which judicial forum the case should be brought in. Many people only distinguish between state and federal courts. However,...more

PTAB Institutes Very First Post-Grant Review (PGR) - American Simmental Association v. Leachman Cattle of Colorado, LLC

Representing the first decision of its kind, the Patent Trial and Appeal Board (PTAB or Board) instituted the first post-grant review (PGR) under the American Invents Act (AIA). American Simmental Association v. Leachman...more

California Lawyer 2015 Roundtable Series – False Claims Act

False Claims Act practice is evolving in subtle ways that may particularly affect cases where the federal government does not intervene. Recent decisions help clarify the law’s “first-to-file” rule and who may pursue...more

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