Oral Argument

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Janssen v. Celltrion: Court Denies Celltrion’s Summary Judgment Motion, Orders Further Briefing as to Hospira

This morning, in the district court action in Janssen v. Celltrion, Judge Wolf issued an oral order denying the defendants’ motion for partial summary judgment of non-infringement of U.S. Patent No. 7,598,083 (“the ’083...more

No Junior Associates, No Hearing: Supplementation Granted

Illumina, Inc. et al v. Qiagen N.V. et al, Case No. 16-02788 (Judge William Alsup) (November 29, 2016) - In an effort to promote judicial efficiency, it would seem that Courts should be more likely to allow a plaintiff...more

Fifth Circuit Court of Appeals Grants Department of Labor's Request for Expedited Briefing and Oral Argument Schedule

On December 8, the United States Court of Appeals for the Fifth Circuit granted the Department of Labor’s (“DOL”) motion for an expedited briefing and oral argument schedule in its appeal of the District Court’s grant of a...more

PTAB Holds Oral Hearings In Tecfidera Patent IPR and Interference

On November 30, 2016, the USPTO Patent Trial and Appeal Board (PTAB) held oral hearings in two different inter partes proceedings involving the Biogen Tecfidera® patent with the latest expiation date. First, it heard...more

It’s Game Time for Tribe on Martha’s Vineyard

For the Wampanoag Tribe of Gay Head (Aquinnah), time may have finally run out on their continued efforts to operate a gaming facility on Martha’s Vineyard. Tomorrow, the United States Court of Appeals for the First Circuit,...more

U.S. Supreme Court to Hear Transgender Student Case

The U.S. Supreme Court has agreed to hear oral argument in one of the high-profile challenges to the legality of the Dear Colleague Letter (“DCL”) jointly issued by the U.S. Departments of Justice and Education on May 13,...more

“Gimme a C!” (for Copyright): Supreme Court to Weigh Cheerleader Apparel Copyright Case

Are cheerleading outfits functional “useful items” that normally are ineligible for copyright protection? Or do they contain distinct design elements that allow for copyright ownership? ...more

Supreme Court Reviews Insider Trading

On Wednesday, October 5, 2016, the U.S. Supreme Court heard oral argument in the highly anticipated insider trading case, Salman v. U.S., in which it is anticipated the Court will address conflicting decisions of the Second...more

Summary Judgment Horror Story For Stephen King’s Literary Agent

While many breach of contract cases are resolved by motions to dismiss or summary judgment, a recent decision from the Appellate Division, First Department, Kramer v. Greene, (1st Dep’t Aug. 11, 2016), has shown that when it...more

Panel Set in Crucial Appeal of TCPA Omnibus Ruling

The DC Circuit Court of Appeal has revealed the panel for the ACA, Intl. proceeding challenging the FCC’s oft-criticized 2015 TCPA Omnibus ruling. The judges assigned are Judges Srinivasan, Pillard, and Edwards....more

McRO, Inc. v. Bandai Namco Games America Inc. (Fed. Cir. 2016)

Patentee McRO sued a number of video game developers and publishers in the Central District of California and the District of Delaware for alleged infringement of U.S. Patent Nos. 6,307,576 and 6,611,278. Several of the...more

FTC Robocall Contest Rules Under Fire Again

Last August, we reported that the U.S. Court of Federal Claims had dismissed a lawsuit related to the Federal Trade Commission (the “FTC” or “Commission”) sponsorship of a contest promoting robocall-blocking technology,...more

Patent Office Institutes Post-Prosecution Patent Program

The United States Patent and Trademark Office’s new pilot program provides patent applicants with a valuable tool to efficiently and inexpensively advance prosecution after a final office action. The Patent Office...more

US Circuit Court of Appeals for the DC Circuit delays oral arguments in Clean Power Plan litigation

On May 16, the US Court of Appeals for the District of Columbia Circuit announced that it was delaying scheduled June 2 oral arguments before a three-judge panel in litigation over the Clean Power Plan. Instead, the DC...more

Yes, Counselor, You Argued That Below, But No, It Is Not Preserved

Don’t assume that just because your argument is clearly reflected somewhere in the record that it is preserved for appeal. Often for purposes of preservation, the procedural context for the argument is just as important as...more

Intellectual Property Law - June 2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

Supreme Court Considers Circuit Split On The “Implied Certification” Theory Under the False Claims Act

On April 19, 2016, the United States Supreme Court heard oral argument on the viability and breadth of the “implied certification” theory of the False Claims Act (“FCA”). The implied certification theory supports FCA...more

Guest Post - Implied Certification: An Eradicated Pest or Here to Stay?

Today’s guest post is courtesy of Reed Smith’s Lindsey Harteis. She’s been following the big-deal UHS v. Escobar False Claims Act that the Supreme Court could decide any day now (or could wait until the end of June), which...more

California Supreme Court Hears Oral Argument in Friends of the College of San Mateo Gardens v. San Mateo County (Case No. S214061)

On May 4, 2016, the California Supreme Court heard oral argument in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Case No. S214061), which addresses the standard of review that...more

U.S. Supreme Court Hears Oral Argument on Implied Certification Theory of the False Claims Act

We recently wrote about an important case, Universal Health Services v. United States ex rel. Escobar, up for consideration by the Supreme Court which could have a large impact on government contractor liability under the...more

False Claims Act “Implied Certification” Update: Supreme Court Oral Argument Forecasts Continued Vitality of Controversial...

The U.S. Supreme Court heard oral argument on April 19, 2016, in United Health Services v. United States ex rel. Escobar, No. 15-7, a case expected to resolve the current split among federal appellate courts on the so-called...more

Is the CFPB Constitutional?

Is the Consumer Financial Protection Bureau (CFPB) constitutional? A panel of the D.C. Circuit Court of Appeals is currently considering the issue after hearing oral argument in PHH Corporation v. CFPB....more

Problems With the CFPB’s Argument: An Analysis of the D.C. Circuit Oral Arguments on Statute of Limitations

What began as a challenge to the Consumer Financial Protection Bureau’s (“CFPB”) $109 million enforcement ruling against the mortgage company PHH Corp. (“PHH”) for alleged violations of the Real Estate Settlement Procedures...more

SCOTUS Oral Argument Suggests FCA Implied Certification Theory Is Here to Stay – But Perhaps with Limits

Oral argument in Universal Health indicates Justices disinclined to categorically reject False Claims Act implied certification theory, though may limit its scope. On April 19, 2016, the United States Supreme Court heard...more

Quick Hits: Persuader Rules, Class Action Lawsuits, Prevailing Party, E-mail Phishing

With Opening Day of baseball season nearly upon us, it’s time again to bring back a “Quick Hits” segment to recap a few noteworthy (but not completely post-worthy) employment law items you might have missed recently....more

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