News & Analysis as of

Rule 11

Timing is Everything: The District of Massachusetts Clarifies Local Rule

Caffeinate Labs, Inc. filed patent infringement and other unfair business practices claims against defendants Vante, Inc. and Alex Shlaferman. One claim alleged infringement of a design patent. The defendants moved to dismiss...more

Inside the Courts – An Update From Skadden Securities - June 2017

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February 2017 and April 2017. The cases address developing trends in class actions, ERISA, fiduciary duties,...more

Second Circuit Affirms Dismissal of FCA Cases

by Jones Day on

The Second Circuit affirmed the dismissal of two False Claims Act ("FCA") cases brought by private relators against insurance and other companies based on the alleged failure to reimburse the Centers for Medicare & Medicaid...more

Expect a Mess When Food and Class Actions Collide: Part 1

by Benesch on

Remember eating pasta and spaghetti sauce as a kid? Remember what it did to your shirt? Your face? Want to rekindle that memory? Two recent cases will help you revive it. One involves gumbo; the other, gourmet foods and...more

The House Has Passed H.R.720: The Lawsuit Abuse Reduction Act of 2017

by Benesch on

On March 10, 2017, at 11:29 a.m., by a vote of 230 to 188, with eleven members not voting, the House of Representatives passed the Lawsuit Abuse Reduction Act of 2017. Of the “ayes,” 227 were Republican and three were...more

The Dialogue: What Legislation We’re Keeping Our Eyes On

by Shipman & Goodwin LLP on

If at first you succeed, try it again. Well, that may not be how the saying goes, but the first back-and-forth post between me and Nina Pirrotti, an employee-side attorney, was so well received that we’re back for...more

NC Business Court Starts Off 2017 By Denying A Motion For Sanctions And Adding A New Judge

by Brooks Pierce on

In the NC Business Court's first Opinion of the new year, Judge Bledsoe denied Defendants' Motion for Rule 11 Sanctions in Kure Corp. v. Peterson, 2017 NCBC 1. The decision holds a few lessons about the operation of Rule 11...more

Lawyers Sanctioned for Seeking to Settle Federal Court Class Action in State Court

by Carlton Fields on

Lawyers seeking to settle class actions pending in federal court by dismissing and refiling in state court beware! In two recent orders, a federal judge in the Western District of Arkansas ruled that the attorneys...more

The Punishing Effect of Rule 11

by Wilson Elser on

Federal courts correct bad litigation behavior, eventually. People take being sued personally, and lawsuits can take an emotional toll on defendants, whether as an individual or as a representative of an employer. Anger...more

PTAB Practice Update: Amended Rules of Practice for Trials before the PTAB Now in Effect

by Robins Kaplan LLP on

Effective May 2, 2016, the United States Patent and Trademark Office (USPTO) has amended the existing consolidated set of rules of practice for trial proceedings before Patent Trial and Appeal Board (PTAB), including inter...more

Patent Office Issues Final Rule Amending the Rules of Practice for Trials at the PTAB

by Bryan Cave on

The U.S. Patent and Trademark Office (Patent Office) has issued a final rule that addresses aspects of trial practice for America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB), takes effect May...more

Patent Office Updates Rules for Post-Grant Proceeding Duty of Candor

by BakerHostetler on

The United States Patent and Trademark Office recently amended 37 C.F.R. § 42.11 to include a certification requirement similar to that of Rule 11. Section 42.11 prescribes the duty of candor owed to the Patent Office. As...more

USPTO Publishes Substantive Changes to PTAB Rules

by Polsinelli on

On April 1, 2016 the USPTO published the final rules that make substantive changes to the Patent Trial and Appeal Board (PTAB) trial practice rules for inter partes review (IPR), covered business method (CBM), and post-grant...more

USPTO Issues Second Round of AIA Rule Changes

On April 1, 2016, the U.S. Patent and Trademark Office (USPTO) issued another round of amendments to the rules governing Patent Trial and Appeal Board (PTAB) trial proceedings under the Leahy-Smith America Invents Act (AIA)....more

SEC Prevails in Payton Insider Trading/Tipping Case

by Dorsey & Whitney LLP on

The SEC prevailed in its insider trading/tipping case against two New York brokers were Newman and its tipping standard was a key issue. SEC v. Payton, Civil Action No. 14 civ 4644 (S.D.N.Y.). On Monday a jury in New York...more

Attorneys’ Fee Award Cannot Be Enhanced to Deter Misconduct (Lumen View Technology, LLC v. Findthebest.com, Inc.)

by McDermott Will & Emery on

Addressing whether deterrence can play a role in an attorneys’ fee award under § 285, the U.S. Court of Appeals for the Federal Circuit held that once a case is deemed exceptional, § 285 only authorizes an award of reasonable...more

Federal Circuit Reverses Punitive Exceptional Case Fee Award as Improperly Enhanced

by Mintz Levin on

On January 22, 2016, the Federal Circuit issued its opinion in Lumen View Technology LLC v. FindTheBest.com (Dkt. No. 15-1275), in which it vacated and remanded the lower court’s award of enhanced attorney fees under 35...more

Federal Court Awards Sanctions Against the Filer of Improper Rule 11 Motion

by Burr & Forman on

Be careful what you wish for. That was the message Middle District of Florida Judge Carlos Mendoza delivered in Claudet v. First Federal Credit Control, Inc., 14-CV-2068  (M.D. Fla. Nov. 17, 2015) to the filer of an improper...more

Host of Rule Changes Go Into Effect Today in the New York Commercial Division

by Kelley Drye & Warren LLP on

The rules governing practice in the Commercial Division of New York Supreme Court have undergone a number of important amendments, additions, clarifications and other modifications effective today....more

Rule 11 Sanctions (Again!) From The NC Business Court

by Brooks Pierce on

This month, for the second time in the last two months, Judge McGuire of the NC Business Court entered Rule 11 sanctions against a party whose attorney relied on inaccurate information from the client in making claims against...more

Intellectual Property Bulletin - Summer 2015

by Fenwick & West LLP on

28 U.S.C. § 1782: A Powerful Tool in Global Disputes - As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based...more

Fruitful Harvest of Attorneys’ Fees and Sanctions for Farmville Creator Zynga

by Orrick - IP Landscape on

Order Granting Motion for Attorneys’ Fees: Granting Motion in Part for Sanctions, Segan LLC v. Zynga Inc., Case No. 14-cv-01315-VC (Judge Vince Chhabria) - We previously reported on the Segan v. Zynga case when Judge...more

Rule 11 Sanctions Are Rare and Reserved for the Most Egregious of Violations - Predator Int’l, Inc. v. Gamo Outdoor USA, Inc.

by McDermott Will & Emery on

The U.S. Court of Appeals for the Tenth Circuit reversed an order sanctioning an attorney under Federal Rule of Civil Procedure 11, holding that the district court abused its discretion in finding the attorney’s tactical...more

The Big Three: The 9th Circuit Joins The 6th Circuit and 7th Circuit in Holding That Sanctions For Bad-Faith Litigation Tactics...

In Law v. Wells Fargo Bank, N.A. (2015 S.O.S. 13–56099 – filed August 27, 2015), the Ninth Circuit joined the shortlist of Circuit Courts to hold that sanctions for bad-faith litigation tactics under 28 U.S.C. section 1927...more

USPTO Introduces Second Wave of PTAB Rule Changes

by White & Case LLP on

On August 20, 2015, the US Patent and Trademark Office (“USPTO”) issued a Proposed Rule containing amendments to the Rules of Practice governing proceedings before the Patent Trial and Appeal Board (“PTAB”). This proposed...more

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