News & Analysis as of

Appeals Judicial Review

Federal District Court Rebukes CMS for Seeking to Remand Case in Which Providers Did Not Protest Unallowable Items on Their Cost...

by King & Spalding on

Last week, the United States District Court for the District of Columbia denied CMS’s request to remand to the Provider Reimbursement Review Board (PRRB) the claims of several hospitals who sought expedited judicial review...more

Rx IP Update - October 2017

by Smart & Biggar on

Pfizer obtains orders of prohibition on polymorphic form patent - On September 22, the Federal Court, in a pair of decisions, granted Orders of prohibition under the Patented Medicines (Notice of Compliance) Regulations...more

Alberta Court of Appeal Weighs In on Random Drug and Alcohol Testing

by Bennett Jones LLP on

Employers in Alberta are likely to have greater latitude in terms of the evidence they can rely upon to justify a policy of random drug or alcohol testing in the workplace, following the decision of the Alberta Court of...more

Chris Lazarini Comments on Court's Remand for Clarification of Arbitration Award

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a court took the unusual step of remanding a case to the arbitration panel to explain the rationale behind its award. The Court made the decision because...more

What Evidence is Required to Implement Random Drug and Alcohol Testing Policies in Safety Sensitive Workplaces?

by Field Law on

On September 28, 2017, the Alberta Court of Appeal issued its decision on Suncor Energy Inc v Unifor Local 707A, which considered the degree of evidence required to justify a random alcohol and drug testing policy. By way of...more

Second Circuit Upholds Prosecutorial Discretion in Deferred Prosecution Agreements

On July 12, 2017, the U.S. Court of Appeals for the Second Circuit ruled in United States v. HSBC Bank USA, N.A. that a federal district court does not have the authority to supervise the implementation of a deferred...more

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

Federal Circuit’s Amicus Brief in Oil States

Although the Federal Circuit already passed on the constitutionality of Inter Partes Reviews, considering some of its recent decisions, it appears that the Federal Circuit questions the competence of the PTAB to conduct...more

Federal Circuit Provides More Guidance On Biosimilar Patent Litigation

by Foley & Lardner LLP on

In Amgen Inc. v. Hospira, Inc., the Federal Circuit held that Amgen could not obtain discovery related to activities that might infringe a patent that it had not asserted in its biosimilar patent litigation against Hospira....more

Federal Circuit Rules in Favor of Public Interest Group Standing at PTAB

by Jones Day on

In Personal Audio, LLC. v. Electronic Frontier Foundation, No. 2016-1123 (Fed. Cir. Aug. 7, 2017), the Federal Circuit reviewed a Patent Trial and Appeal Board (“PTAB”) decision invalidating claims of U.S. Patent No....more

Is your tenure valid?

by DLA Piper on

The High Court's decision in Forrest & Forrest Pty Ltd v Wilson & Ors [2017] HCA 30 has confirmed the importance of strict compliance with the provisions of the Mining Act 1978 (WA) (Mining Act) when applying for the grant of...more

Standing to Appeal PTAB Decision to Federal Circuit is Measured for the Appellant, Not the Appellee

by Knobbe Martens on

The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a judicial appeal of an IPR final written decision because the appellant had Article III standing in Personal Audio,...more

Wait Your Turn: No Exception to Final Judgment Rule for Appeal of Denial of Motions to Compel

In Amgen Inc. v. Hospira, Inc., [2016-2179] (August 10, 2017), the Federal Circuit dismissed Amgen’s appeal of the district court’s denial of its motion to compel for lack of jurisdiction, and rejected Amgen’s petition for...more

PTAB Designates Portion Of Assignor Estoppel Opinion As Precedential

by Jones Day on

In October 2016, we posted about a Federal Circuit decision addressing whether assignor estoppel bars a party from filing an inter partes review petition. In Athena Automation Ltd. v. Husky Injection Molding Systems Ltd., the...more

Fairness in Evaluation: Federal Circuit Remand to Board For Failure to Fully Consider Petitioner’s Arguments Against Motion to...

by Foley & Lardner LLP on

In Shinn Fu Company of America, Inc. et al. v. The Tire Hanger Corp., slip op. 2016-2250 (Fed. Cir. July 3, 1997) (non-precedential), the Federal Circuit reversed a Board’s decision granting a motion to amend claims...more

Fifth Circuit Expands Post-Trial Review of Summary Judgments

by Strasburger & Price, LLP on

In Feld Motor Sports, Inc. v. Traxxas , L.P., No. 16-40686 2017 U.S. App. LEXIS 11705 (5th Cir. June 30, 2017), the Fifth Circuit held for the first time that an appellate court can review a trial court’s legal conclusions in...more

AIA Does Not Override 28 USC § 1447(d) Reviewability Bar

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit ruled that provisions in the America Invents Act (AIA) related to federal courts’ jurisdiction over patent claims do not override 28 USC § 1447(d)’s limit on appellate review of...more

Is “Class Arbitration” an Oxymoron — a Shoe Drops in the Second Circuit

In a recent series of articles, we asked whether “class arbitration” — meaning the utilization of a Fed. R. Civ. P. 23 class action protocol in an arbitration proceeding — is ultimately viable. Given the nature of...more

Second Circuit Limits District Courts’ Authority Over Deferred Prosecution Agreements and Limits the Public’s Access to Monitors’...

by Dechert LLP on

Although deferred prosecution agreements (DPAs) are a commonly-used tool for government prosecutors, courts continue to struggle to determine how much judicial supervision of these agreements is permitted. On July 12, 2017,...more

Judgments

by Dentons on

No duty to obtain best price reasonable in a forced sale – upheld by Court of Appeal - (1) Rosserlane Consultants Ltd (2) Swinbrook Developments Ltd v. Credit Suisse International [2017] EWCA Civ 91 - This was the...more

Appeals of Rulings by The Registrar of Contractors Must Be Timely Filed in Superior Court.

by Snell & Wilmer on

Recently in Johnson v. Arizona Registrar of Contractors, the Arizona Court of Appeals affirmed dismissal of a homeowner’s late appeal of an adverse decision by the Registrar of Contractors (“Registrar”)...more

Rx IP Update - May 2017

by Smart & Biggar on

Federal Court of Appeal finds that Apotex did not fail to mitigate its damages in relation to Apo-Trazodone drug submission - On April 6, 2017, the Federal Court of Appeal overturned the Federal Court’s finding that...more

En Banc Federal Circuit Poised To Decide Important Question Concerning PTAB Appeals

by Jones Day on

The en banc Federal Circuit is currently considering whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar on IPR petitions can be reviewed on appeal. In Wi-Fi One v. Broadcom Corp, the en banc Court is set...more

Federal Circuit Confirms Judicial Review On PTAB's CBM Institution

by Brinks Gilson & Lione on

On April 4, 2017, the United States Court of Appeals for the Federal Circuit (“CAFC”) denied Google’s petition for rehearing en banc. Unwired Planet, LLC v. Google Inc., ___ F.3d. ___, Case No. 2015-1812 (Fed. Cir. Apr. 4,...more

U.S. Supreme Court Clarifies the Extent of Judicial Review on Motions to Quash EEOC Subpoenas

by Wilson Elser on

On April 3, 2017, the United States Supreme Court in its decision on McLane Company, Inc. v. Equal Employment Opportunity Commission, No. 15-1248, U.S. Sup., ruled that a district court’s decision to quash or enforce an EEOC...more

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Cybersecurity

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