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Administrative Procedure Act Exclusive Jurisdiction

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 17-21): Can Patent Owners Set Aside Adverse PTAB Decisions in District Court APA...

Last week, the Court did not have many precedential decisions as Washington, D.C., COVID-19 or not, was in its usual August slowdown. Unlike the previous two weeks where we touched upon non-patent issues, we return (kind of,...more

Eversheds Sutherland (US) LLP

Deference or preference – looking ahead at the impact of the US Supreme Court’s indecision on questions of agency authority

The Telephone Consumer Protection Act (TCPA) is one of the most frequently litigated statutes, spurring individual, and more often, national class action litigation. The pace at which new TCPA suits are filed is not slowing,...more

WilmerHale

Federal Circuit Patent Updates - September 2018

WilmerHale on

Hyatt v. Pato (No. 2017-1722, 9/24/18) (Reyna, Wallach, Hughes) - Hughes, J. Reversing dismissal for lack of subject matter description stating, “the exclusive jurisdiction of this court and the Eastern Virginia district...more

Nossaman LLP

District Court Dismisses Challenge to Biological Opinions In Light of Circuit Court’s Exclusive Jurisdiction

Nossaman LLP on

Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more

Dorsey & Whitney LLP

SEC Insider Trading Case Brought As Administrative Proceeding Enjoined

Dorsey & Whitney LLP on

The SEC’s shift to administrative proceedings in recent months has spawned a series of suits against the agency challenging its forum selection authority. The suits have generally met with little success. Nevertheless,...more

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