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Civil Procedure Science, Computers & Technology

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

What Looming Supreme Court Decisions Could Mean for Patent Litigation

The U.S. Supreme Court is poised to rule soon on a case that could fundamentally change how patent litigation plays out in America, as well as a second case that is more of a tweak around the edges. The potential...more

No Sanctions for Failing to Preserve Cell Phone Records and Call Logs: eDiscovery Case Law

by CloudNine on

In Dotson, et al. v. Edmonson, et. al., No. 16-15371 (E.D. La. Jan. 22, 2018), Louisiana District Judge Susie Morgan denied the plaintiff’s motion in limine seeking sanctions for spoliation of evidence, finding that the...more

The Lynyrd Skynyrd Texting Case: Spoliation and Non-Party Texts

It was a tragedy. The 1977 plane crash that killed Ronnie Van Zant and Steven Gaines almost ended the band Lynyrd Skynyrd forever. In the wake of the crash, the survivors swore an oath never again to perform as “Lynyrd...more

Supreme Court Denies Cert Petition in CareFirst v. Attias

by Ballard Spahr LLP on

Earlier this week, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo...more

Hearsay Hurdle: Proving Nonpatent Literature Is Prior Art

Validity challenges in inter partes review and post-grant review at the Patent Trial and Appeal Board often rely on nonpatent literature publications that petitioners must show to be "prior art." Originally published in...more

Surviving Alice Challenges To Patent Claims

by Weintraub Tobin on

The Court of Appeals for the Federal Circuit just highlighted another approach plaintiffs can use to overcome early challenges to the validity of patent claims under 35 U.S.C. §101. What is that approach? It is a classic...more

Supreme Court Ruling May Encourage Reporting of Suspected Violations to the SEC

by Faegre Baker Daniels on

On February 21, 2018, the U.S. Supreme Court clarified and narrowed the definition of “whistleblowers” who, under the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act, are eligible for bounties and protected...more

Monthly TCPA Digest - February 2018

by Mintz Levin on

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines an FCC rulemaking proceeding concerning...more

Supreme Court Declines Review of Standing in Data Breach Class Actions

by Carlton Fields on

Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a...more

Sanofi Opposes Amgen’s Petition for Rehearing En Banc in Praluent® Litigation

by Goodwin on

As we previously reported, Amgen is seeking en banc review of the Federal Circuit panel decision vacating a permanent injunction that would have otherwise prohibited the sale of Sanofi and Regeneron’s Praluent® (alirocumab)...more

Electronic Return Receipt Patent Dispute Dubbed “Exceptional Case” After Summary Judgment Award

In the long-standing patent dispute between Sophos and RPost, Judge Casper recently issued the oft-sought but rarely received award of attorneys’ fees, after finding that the case was “exceptional.” The suit began in 2013,...more

Deceptive Discovery: Second Circuit Affirms Sanctions for Mishandling of Discoverable Data

Late last month, in Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., the Second Circuit affirmed a $2.7 million sanctions award against defendant ePRO after repeated instances of discovery misconduct. Finding that the district...more

N.Y. Court of Appeals: No Difference Between “Private” and “Public” Posts in Discovery

Those who thought designating social media posts as “private” would be sufficient to shield them from outsiders—including opposing parties in litigation—had better think again. On February 13, 2018, the New York Court of...more

EDNY Lays Out Disclosure/Report Requirements for Nonretained Treating Doctor Experts

by Reed Smith on

When a drug or device case goes to trial, who is the most important witness? Let’s straightaway eliminate the plaintiff as a possible answer to that question. Based on what we’ve heard from jurors (both real and mock), when...more

Citrix Files Patent Infringement And Unfair Competition Strike Against Avi Networks’ Cloud Application Delivery Platform For...

In another example of a competitor-based patent lawsuit involving cloud computing, Citrix Systems filed a major lawsuit against its newcomer competitor Avi Networks in the U.S. District Court of Delaware in December 2017. ...more

Federal Circuit Decisions Raise Bar for Invalidating Patents on Section 101 Grounds Before Trial

by Dechert LLP on

Two recent Federal Circuit decisions in the U.S., both penned by Judge Moore, significantly raise the bar for accused infringers seeking to invalidate patents on § 101 grounds before trial. Although one prior Federal Circuit...more

Only 53 Percent of Surveyed Security Officers Are Confident in Security of Data by Third Parties: Cybersecurity Trends

by CloudNine on

A recently issued report provides an interesting look at how Chief Information Security Officers (CISOs) and others responsible for security are addressing the challenges in today’s cybersecurity climate. The report (The...more

Disclosure of Certain Private Information on Facebook Account Allowed by New York Court of Appeals

by Cozen O'Connor on

The New York Court of Appeals gave defense counsel in personal injury cases a Valentine’s Day present when it ruled, on February 13, 2018, that discovery under the New York Civil Practice Law and Rules (CPLR 3101 (a))...more

More Adventures In Personal Jurisdiction - Examining The BMS “Federal Court” Caveat

by Reed Smith on

With plaintiffs desperate to find some way to continue pursuing aggravated, aggregated product liability litigation in their favorite venues after Daimler AG v. Bauman, 134 S. Ct. 746 (2014) (“Bauman”), and Bristol-Myers...more

EU Court ruling on how off-label use is to be analysed under competition law

by White & Case LLP on

On 23 January 2018, the Grand Chamber of the Court of Justice ("ECJ") delivered its judgment on preliminary reference from the Italian State Council in the Roche case, which concerns the off-label use of Avastin for the...more

It Should Be Obvious – An Azzarello Jury Charge Is Reversible Error In Pennsylvania After Tincher

by Reed Smith on

If you’re not interested in Pennsylvania product liability law at the moment, come back tomorrow. This particular post is not limited to (or even primarily about) prescription medical products....more

Unsupported Assertions: Expert’s Persuasive Authority Suffers Without Directly Engaging Claim Limitations

by Jones Day on

An expert asserting that a patent claim reciting different features than the prior art is nonetheless “equivalent” to the prior art must address and account for the recited limitations head-on, or otherwise lose persuasive...more

California Superior Court Refuses to Allow Discovery in Aid of “Litigation Tourism” in Consolidated Xarelto Litigation

by Reed Smith on

...In In re Xarelto Cases, 2018 WL 809633 (Cal. Super. Feb, 6, 2018), the plaintiffs sued several manufacturers and a distributor, claiming various injuries and alleging the usual litany of causes of action. Appearing...more

Federal Circuit Clarifies Scope of On-Sale Bar

by Knobbe Martens on

Federal Circuit Summaries - In Medicines Co. v. Hospira, Inc., 2014-1469; 2014-1504 (Dyk, Wallach, Hughes), the Federal Circuit affirmed the district court’s finding of non-infringement but reversed the district court’s...more

The Law May Have Changed, But In Texas You’ll Remain

by Fish & Richardson on

The Supreme Court’s TC Heartland decision in May set off a tidal wave that completely reshaped the contours of patent venue law. Riding its wake, defendants around the country presented venue objections under 28 U.S.C. §...more

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