Lysosomal storage disorders are a group of inherited diseases that range from treatable (Fabray Disease and Gaucher disease) to fatal (Niemann-Pick disease and Tay-Sachs disease). Drug-induced phospholipidosis (DIP) is...more
2/27/2026
/ Alice/Mayo ,
Biotechnology ,
Life Sciences ,
Method Claims ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
Prescription Drugs ,
Section 101
When the New York Legislature decided to prohibit the sale of bodybuilding and weight-loss supplements to minors, it directed the state health department to promulgate a list of covered ingredients. The governor vetoed the...more
We previously reported on a district court's dismissal of a class action lawsuit against a baby food manufacturer in which plaintiffs alleged that the baby food contained harmful levels of heavy metals. ("Economic Harm Claims...more
2/6/2026
/ Appellate Courts ,
Article III ,
Chemicals ,
Children's Products ,
Class Action ,
Consumer Protection Laws ,
Economic Damages ,
False Advertising ,
Food Manufacturers ,
Food Safety ,
Standing ,
Toxic Chemicals
In this episode of the "Legal Bites Podcast" series, Food and Beverage Litigation attorney Charles Weiss speaks with Corporate attorney Chris Phillips about the legal and operational fallout from the federal government's...more
Many of the cases we discuss on this blog are decided at the district court level on a motion to dismiss or for judgment on the pleadings. Some are decided on summary judgment. But what happens when step two of the inquiry...more
11/13/2025
/ Abstract Ideas ,
Appellate Courts ,
CAFC ,
CLS Bank v Alice Corp ,
Intellectual Property Litigation ,
Jury Trial ,
Jury Verdicts ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Summary Judgment ,
Transformative Use ,
Transformativeness
In an opinion synthesizing and applying the current state of Section 101 law, Judge William Bryson of the U.S. Court of Appeals for the Federal Circuit, sitting by designation in a district court, held on summary judgment...more
In this episode of the "Legal Bites Podcast" series, Food and Beverage Litigation attorneys Charles Weiss and Christopher Riano, along with Practice Development Manager Kristina Merritt, speak with New York State...more
Past presentations and posts have addressed the defense of consumer class action cases via motions to dismiss for lack of subject matter jurisdiction. Briefly, most consumer class action cases are brought in (or removable to)...more
5/5/2025
/ Baby Products ,
Class Action ,
Consumer Protection Laws ,
Contamination ,
Economic Damages ,
False Advertising ,
Food Manufacturers ,
Food Safety ,
Jurisdiction ,
Metals ,
Standing ,
Subject Matter Jurisdiction
Legislation aimed at the unauthorized sale of restaurant reservations, described as the first of its kind in the United States, takes effect in New York on February 17, 2025. Titled the Restaurant Reservation Anti-Piracy Act,...more
You might be wondering what cognac, hip-hop and fame have in common. The answer, at least in a recent opinion by the U.S. Court of Appeals for the Federal Circuit, is certification trademarks. We have written in the past...more
1/31/2025
/ Appeals ,
Certification Marks ,
France ,
International Trademark Protection ,
Likelihood of Confusion ,
Music Industry ,
Trademark Application ,
Trademark Litigation ,
Trademark Opposition Proceedings ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Wine & Alcohol
In the next episode of the "Legal Bites Podcast" series, Food and Beverage Litigation attorney Charles Weiss and Practice Development Manager Kristina Merritt sit down with Ohio State Senator William DeMora for an important...more
Trade secret and contract claims often travel together. For example, a failed collaboration that involved the exchange of confidential information may result in the disclosing party alleging that the recipient both...more
Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...more
8/14/2024
/ Advertising ,
Appeals ,
Calculation of Damages ,
Consumer Protection Laws ,
Dietary Supplements ,
False Advertising ,
Health Claims ,
Jury Verdicts ,
Private Right of Action ,
Product Labels ,
Punitive Damages ,
Putative Class Actions ,
Rules of Civil Procedure ,
Statutory Damages ,
Unfair or Deceptive Trade Practices
By statute, judgments of state courts are entitled to the same preclusive effect in subsequent federal litigation as they would have in subsequent state court litigation. 28 U.S.C. § 1738. A recent decision by the U.S. Court...more
7/30/2024
/ Appeals ,
Breach of Contract ,
Defend Trade Secrets Act (DTSA) ,
Federal Court Litigation ,
IBM ,
Intellectual Property Protection ,
Joint Venture ,
Jurisdiction ,
Res Judicata ,
State Law Claims ,
Trade Secrets
In 1990, Congress enacted the Nutrition Labeling and Education Act (NELA) as an amendment to the Food, Drug and Cosmetic Act (FDCA). Among other things, NELA 1) provided for modernization and standardization of the familiar...more
When it comes to consumer class action litigation, what type of evidence is required to show that labeling nutrition bars as "all natural" violates false advertising and consumer protection laws? According to the plaintiffs...more
5/3/2024
/ Admissible Evidence ,
Advertising ,
All Natural ,
Appeals ,
Class Action ,
Deceptive Intent ,
Evidence ,
Expert Witness ,
Misleading Statements ,
Natural Products ,
Product Labels
Naturally occurring compounds generically referred to as steviols are used as sugar substitutes because they impart sweetness without contributing calories. These compounds exist in different forms, with some being sweeter...more
In a decision characterized by the National Milk Producers Federation as a "momentous victory for American consumers, farmers and food manufacturers" and a "huge victory for worldwide producers" of gruyere cheese, the U.S....more
5/16/2023
/ Agricultural Sector ,
Certification Requirements ,
Certifications ,
Dairy Farmers ,
Food and Drug Administration (FDA) ,
Generic Marks ,
Geographic Markets ,
Geographical Certification Marks ,
Trademark Registration ,
Trademarks ,
USPTO
It's not often that we write about pharmaceutical patents on this blog, and even less often that we blog here about PTAB decisions. The former is a function of the Federal Circuit's decision in Vanda Pharmaceuticals Inc. v....more
Actuators are remotely operated mechanized devices used in a variety of applications, such as opening and closing valves. They are often operated hydraulically, which requires them to have their own valves. Maintaining the...more
Most litigators have at least a passing familiarity with the "sham affidavit" doctrine, under which an affidavit submitted in opposition to summary judgment that without explanation flatly contradicts the affiant's prior...more
When a person who has received an organ transplant experiences rejection, DNA from the transplanted organ is released into the bloodstream as the organ's cells are attacked by the person's immune system. The circulating DNA...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
HIGHLIGHTS:
...Patterns of Trade Secret Issues
...Fiduciary Responsibilities When...more
Kathryn Isted In Harbor Healthcare System, L.P. v. United States, 5 F.4th 593 (5th Cir. 2021), the court of appeals ruled that the district court abused its discretion in refusing to exercise its equitable jurisdiction over a...more
10/18/2021
/ Abuse of Discretion ,
Anti-Kickback Statute ,
Appeals ,
Attorney-Client Privilege ,
Comment Period ,
Criminal Investigations ,
Discovery ,
Draft Guidance ,
Evidence ,
Failure To State A Claim ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Kickbacks ,
Managed Care Contracts ,
Medicaid ,
Medicare ,
Patient Referrals ,
Pharmaceutical Industry ,
Pharmacies ,
Prescription Drugs ,
Qui Tam ,
Scienter
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
5/3/2021
/ Attorney-Client Privilege ,
China ,
Class Action ,
Construction Project ,
Due Diligence ,
Environmental Assessments ,
Personal Jurisdiction ,
Project Finance ,
Technology ,
Websites ,
Wiretapping