Preemption

News & Analysis as of

Debate growing over preemption of state claims over organic produce labeling

Recently, the Eastern District of New York held that the Organic Foods Production Act of 1990 (7 U.S.C §§ 6501–6522) preempts various state claims that Abbott Laboratories, Inc. falsely labeled its Similac® Advance® Organic...more

News from Second and State

Yesterday was the first day of fall, and it seems the summer is truly behind us. The House of Representatives reconvened this week for the final stretch of the 2015-2016 legislative session. This week most of the action...more

More Lessons From McRo

My previous blog on McRo focused on the direct aspects of the decision, but there are other excellent points that the court makes and that can be derived from the opinion, and that should play an important role in how the...more

Federal Circuit Provides Additional Support to Software Patents

The federal circuit recently reversed a decision in McRO, Inc. v. DBA Planet Blue that asserted claims in patents at issue, relating to a method for automatically animating lip synchronization and facial expression of...more

REDUCING RISKS: Court Finds Copyright Act Does Not Preempt State Trade Secret Claim

Over the years, it has proven difficult to fit software in any one category of IP protection. And while software’s ability to seemingly transcend patents, copyright, and trade secrets provides software developers and...more

InterConnect Flash No. 56 - IC Classification Claims Preempted by Federal Truth-In-Leasing Regulations

We first reported on the Remington v. J.B. Hunt, Inc. case last year in Flash No. 46. Based on the First Circuit Court of Appeals’ decision in Massachusetts Delivery Ass’n v. Coakley, 769 F.3d 11 (1st Cir. 2014) (“MDA”),...more

Third Circuit Court of Appeals Concludes that Section 303(i) Does Not Preempt State Law Claims of Non-Debtors Predicated on the...

In Rosenberg, et al. v. DVI Receivables XVII, LLC, 2016 WL 4501675, at *1 (3d Cir. Aug. 29, 2016), the Third Circuit Court of Appeals held that damages awarded pursuant to Section 303(i) of the Bankruptcy Code for an...more

Litigation Alert: The Federal Circuit Forms a Trio of Patent Eligible Subject Matter for Software Methods, Reversing Finding of...

Last week, the Federal Circuit again addressed when claimed methods involving software are too abstract to be patentable. The Federal Circuit in McRO Inc. v. Bandai Namco Games America held that a combination of steps using...more

Wisconsin Preemption Ruling Makes Our Cheese Curdle

A federal judge in Wisconsin issued an order a few weeks ago that covers two topics on which we often write—negligence per se and implied preemption. The two concepts are not unrelated. We most commonly see negligence per se...more

Causation Issues in Failure-To-Report Cases – Post-Stengel Precedent

As we blogged at the time, we believe that the Ninth Circuit made a historic error in Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir., 2013) (en banc), when it equated routine product liability inadequate warning claims...more

McRO v. Bandai: Latest Federal Circuit § 101 Decision Breathes New Life into Software Patents

The Federal Circuit last week handed down the latest in a series of decisions finding computer-implemented inventions to be patent-eligible under 35 U.S.C. § 101. In McRO, Inc. v. Bandai Namco Games America, Inc. et al. (Fed....more

First Circuit Reinstates Consumer Action Previously Dismissed on FDCA Preemption Grounds

In 2014, Ronda Kaufman brought a proposed nationwide class action against drug store giant CVS alleging that the labeling of its Vitamin E supplements misled consumers about heart health benefits. Kaufman's complaint, among...more

What the Federal Circuit's Decision in McRO v. Bandai Could Mean for Computer-Based Inventions and Other Innovations

In McRO v. Bandai, the Federal Circuit provides particular guidance and clarity on the issue of preemption, which it describes as “The concern underlying the exceptions to § 101.” In addition to providing another guidepost...more

Local Tax Incentives Tied to Use of Union Labor —Preempted by the NLRA?

Seyfarth Synopsis: Third Circuit rejects market-participant argument, opening the door for preemption challenge to local law tying tax incentives to use of union labor. The case before the Third Circuit, Associated...more

Federal Circuit is In Sync with Patent’s Validity Under Section 101

The Federal Circuit overturned a District Court ruling that a patent directed to automated lip synchronization and manipulation of animated characters’ facial expressions was invalid under Section 101 as being an abstract...more

McRo decision gives software/computer-based patents a big boost

On September 13, 2016, the US Court of Appeals for the Federal Circuit held as patent-eligible patent claims directed to automated lip-synching for animated characters. This holding builds upon the few decisions thus far...more

McRo: Preemption Matters After All

The Federal Circuit has released its long-awaited opinion in McRo v. Bandai, reversing the lower court’s decision that the claims were ineligible subject matter. McRo’s invention in U.S. 6,307,576 was a method used in 3D...more

Federal Circuit Emphasizes Preemption and Realization as the Path to Eligibility

On September 13th the Federal Circuit issued a very encouraging decision in the MCRO, Inc. v. Bandai Namco Games America appeal. The panel reversed a judgment on the pleadings entered by a Central District of California...more

Toxic Tort and Environmental Litigation: What Does a Reformed TSCA Mean for Private Rights of Action Under State Law? (9/16)

As we reported, on June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety Reform for the 21st Century Act (the Act) into law, enacting the Toxic Substances Control Act’s (TSCA) first reform in its four...more

Federal Court Finds Depository Bank Not Liable to Third Party for Mobile Remote Deposit Capture Fraud

A recent federal court case in Illinois has addressed whether a depository bank can be held liable for negligence when its customer deposits a check by mobile remote deposit capture, and the bank fails to prevent the customer...more

Medicare Advantage Plan Arbitration Clauses Preempted by Medicare Appeals Process

The Arizona Supreme Court, in an interesting case involving a Medicare-related coverage dispute between a Medicare Advantage plan administrator, United Behavioral Health (UBH), and two inpatient psychiatric care providers,...more

Another Make Work Project In New Jersey – Duty To Update Claims

The United States Supreme Court has said it – the test for implied preemption under 21 U.S.C. §337(a) (the FDCA’s no-private-enforcement provision) is whether the purported state-law cause of action would exist even in the...more

Class Action Arbitration after Dell Webb

Agreeing to arbitrate disputes, in lieu of traditional litigation, is not a new phenomenon. As consumers, we all contractually agree to arbitrate disputes on an almost daily basis. While not everyone may read the entire...more

Electric Cooperatives Seek FERC Determination on PURPA Preemption of Maryland’s Community Solar Program

On August 23, 2016, two Maryland electric cooperatives filed a Petition for Declaratory Order asking the Federal Energy Regulatory Commission (FERC) to find that the Maryland Public Service Commission’s (MPSC) recently...more

InterConnect - Fall 2016

In May 2016, the Department of Labor released its long-awaited Final Rule on changes to the Fair Labor Standards Act (FLSA). The Final Rule—which will take effect in three months—will impact transportation employers...more

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