News & Analysis as of

Joinder

House Amends Class Action & Fraudulent Joinder Statutes

by Strasburger & Price, LLP on

On March 9, 2017, the House passed the Fairness in Class Action Litigation Act of 2017 and the Innocent Party Protection Act, addressing class actions and fraudulent joinder suits, respectively. The class action bill...more

Where Party Joined Pending IPRs, Delaware Takes Broad View of § 315 Estoppel

by Jones Day on

In Parallel Networks Licensing, LLC v. International Business Machines Corporation, No. 1:13-cv-02072, Dkt. No. 366 (D. Del. Feb. 22, 2017) (Slip Op.), the court held IBM was estopped from asserting obviousness under §103...more

Curtailing Abusive Litigation: Congress to Consider Important Legal Reform Legislation This Week

If your organization is facing abusive litigation—or is concerned about that possibility—you may be pleased to know that, this week, the U.S. House of Representatives is expected to consider and pass four bills aimed at...more

More on Missouri – What To Expect and Not To Expect After Dolan

by Reed Smith on

This is a follow-up to our post last week on the Missouri Supreme Court’s momentous personal jurisdiction decision in State ex rel. Norfolk Southern Railway Co. v. Dolan, ___ S.W.3d ___, 2017 WL 770977 (Mo. Feb. 28, 2017)...more

The Funny Guy Case is No Laughing Matter: Virginia Supreme Court Applies Res Judicata in Rejecting Contract Claim

by Littler on

The Supreme Court of Virginia recently issued an opinion applying the principles of res judicata to affirm the dismissal of a contract claim.  In The Funny Guy, LLC v. Lecego, LLC, No. 160242 (Feb. 16, 2017), the plaintiff...more

Justice Department Joins Whistleblower Suit Accusing UnitedHealth Group of Overcharging Medicare by “Hundreds of Millions”

The U.S. Department of Justice (DOJ) has joined a whistleblower lawsuit, United States of America ex rel Benjamin Poehling v. Unitedhealth Group Inc., No. 16-08697 (Cent. Dist. Cal. Sep. 17, 2010), ECF No. 79, against...more

Is Everybody Here? Supreme Court Defines Necessary Parties

by Strasburger & Price, LLP on

Texas Rule of Civil Procedure 39(a) requires joinder of person who is subject to service as a party to the suit if that person’s absence would prevent complete relief or that person claims an interest in the litigation....more

Breaking News: PTAB Grants One Petition and Denies Another for Review of Genentech’s Cabilly Patent

by Goodwin on

Merck Sharp & Dohme filed two petitions for inter partes review of Genentech’s U.S. Patent 6,331,415, one of the “Cabilly Patent,” which claims processes and materials broadly applicable to recombinant antibody manufacturing....more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

by Carlton Fields on

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

Injunction Against Dismissed Party Remanded to Make Sure it Had its Day in Court

In Asmark Danmark A/S v. CMI USA Inc., [2016-1026, 2016-1183] (December 6, 2016), the Federal Circuit affirmed the district court’s rulings on infringement, invalidity and damages, but remanded as to the injunction insofar as...more

Awful Missouri Venue/Joinder Ruling Offers Way Out – Take It!

by Reed Smith on

Even after having read it through twice, we find the result in Barron v. Abbott Laboratories, Inc., ___ S.W.3d ___, 2016 WL 6596091 (Mo. App. Nov. 8, 2016), hard to fathom, and even harder to stomach. For several years after...more

Misjoinder and Forum Shopping by the Government

by Reed Smith on

We sometimes start our posts with disclaimers about how we do not know all the details of a case, perhaps supplemented by a little digging on the internet, or that we are not experts in some substantive area. We start this...more

Timing Is Everything: Successful Joinder Motions At The PTAB

by Foley & Lardner LLP on

The joinder provisions of inter partes review (IPR) proceedings can be a great tool to circumvent the 1-year IPR filing deadline following service of a complaint for infringement. However, grant of a joinder petition by the...more

Four Years of IPRs: Lessons from Proceedings for the Cabilly II Patent

It has been four years since the first inter partes review proceedings were filed in the United States. The first IPR petition, filed on September 16, 2012 (the first day IPRs became available), made it all the way to the...more

Third Circuit Decertifies Class on Numerosity Grounds, Listing Relevant Factors for the First Time

by Pepper Hamilton LLP on

The Modafinil decision bodes well for defendants and represents another step toward increased scrutiny of the class action device in the Third Circuit. On September 13, a divided panel of the U.S. Court of Appeals for...more

PTAB Life Sciences Report - September 2016

About the PTAB Life Sciences Report: Each week we will report on recent developments at the PTAB involving life sciences patents. Amerigen Pharmaceuticals Limited v. UCB Pharma GmbH - PTAB Petition: IPR2016-01665;...more

MDL Court Says “You Don’t Belong Here” to Plaintiff “Added by Amendment”

by Reed Smith on

This weekend, the Drug and Device Law Rock Climber hosted a sleepover to say goodbye to her friends as she headed back to college. Somehow, between our last survey of heads on pillows and the convergence on the breakfast...more

Guest Post – Benicar MDL Court: An Unconventional, but Relatively Simple, Remand Decision

by Reed Smith on

This is a guest post, by Jaimee Farrer, an associate at Reed Smith. We’re always looking for new twists that can help in efforts to remove cases to federal court, and the case Jaimee describes does that, relying on an MDL...more

International Arbitration Alert - 2016 SIAC Rules

by WilmerHale on

On 1 August 2016, the sixth edition of the Singapore International Arbitration Centre’s (“SIAC”) rules will enter into force (“2016 SIAC Rules”), applying to arbitrations commenced on or after that date. They replace the 2013...more

Overview of the 2016 SIAC Rules

by Dechert LLP on

The sixth edition of the arbitration rules of the Singapore International Arbitration Centre (SIAC) entered into force on 1 August 2016. To mark the occasion we provide this client briefing on the key features of the new...more

Judge McMahon Dismisses Case Because Agreement that Inventor “will assign” Doesn’t Mean “did assign”

On June 14, 2016, S.D.N.Y. District Judge Colleen McMahon granted defendants HTC Corporation, HTC America, Inc., Blackberry Limited, Blackberry Corporation, and Motorola Mobility LLC’s (collectively “Defendants”) motion to...more

SIAC Announces New Arbitration Rules 2016

by Morgan Lewis on

The Singapore International Arbitration Centre continues to innovate with new features in its updated arbitration rules. On 30 June, the Singapore International Arbitration Centre (SIAC) announced the release of the...more

AAA’s Revised Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (“AAA”) recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised rules became effective on July 1, 2015 and include a host of changes, large and...more

Survey of Pharmaceutical IPRs Filed By Generic Drug Company Petitioners

by Foley & Lardner LLP on

We have reviewed a sub-group of 111 IPRs filed by generic drug companies against pharmaceutical patents to assess outcomes and trends. While our survey was not intended to capture every IPR filed by a generic drug company, it...more

New Singapore International Arbitration Centre (“SIAC”) Arbitration Rules 2016

by Reed Smith on

SIAC is now one of the most prolific and important international arbitration centres. To mark 25 years since its establishment, SIAC has announced the release of the sixth edition of its arbitration rules, the SIAC Rules...more

112 Results
|
View per page
Page: of 5
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!