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Collateral Order Doctrine

McDermott Will & Emery

Testing Negative: Collateral Order Doctrine Precludes Appellate Jurisdiction

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Addressing appellate jurisdiction in view of the collateral order doctrine, the US Court of Appeals for the Federal Circuit dismissed an appeal of a district court’s ruling denying a motion to dismiss because the district...more

WilmerHale

Federal Circuit Patent Watch: Section 285 Does Not Extend to Recovery of IPR Fees

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Precedential and Key Federal Circuit Opinions - 1.  ZIRCON CORP. v. ITC (2022-1649, 05/08/2024) (Lourie, Bryson, and Stark) - Bryson, J. The Court affirmed the Commission’s determination regarding the domestic...more

Fenwick & West LLP

Ninth Circuit to Rehear Appealability of Denied Anti-SLAPP Motions

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The Ninth Circuit has granted a rehearing en banc in Martinez v. ZoomInfo Tech., Inc. concerning the appealability of denial of anti-SLAPP motions under the collateral order doctrine. Historically, the Ninth Circuit has...more

McDermott Will & Emery

More Delays: Appeal Dismissed under Collateral Order Doctrine

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The US Court of Appeals for the Federal Circuit dismissed a patent holder’s interlocutory appeal for lack of jurisdiction under the collateral order doctrine. Modern Font Applications LLC v. Alaska Airlines, Inc., Case No....more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Wait Until Next Time

This week, the Court addressed two questions of appellate jurisdiction, holding there is no right to immediate appellate review of a district court’s denial of derivative sovereign immunity or of a fact-bound district court...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Sovereign Immunity and Plausible Defamation

This week, the Ninth Circuit examines whether private companies can count as foreign sovereigns for purposes of immunity, and when broad statements can plausibly be read to refer to specific individuals under Washington State...more

Proskauer - Minding Your Business

Expanding FSIA to Criminal Cases Would Not Save a Turkish Bank from U.S. Prosecution, Holds the Second Circuit

The Second Circuit recently held that a denial of a motion to dismiss a criminal indictment based on the Foreign Sovereign Immunities Act (“FSIA”) is immediately appealable under the collateral-order doctrine but concluded...more

McDermott Will & Emery

Federal Circuit: Contractual Arbitration Agreements Don’t Bind PTAB Institution Decisions

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The US Court of Appeals for the Federal Circuit issued an order declining to intervene in inter partes review (IPR) institution decisions by the Patent Trial & Appeal Board (PTAB) and further denied a writ of mandamus to stay...more

McDermott Will & Emery

For Certain Not Secret Now: Court Declines to Seal Alleged Trade Secret in Amended Complaint

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The US Court of Appeals for the Federal Circuit affirmed a decision declining to seal information in an amended complaint where the defendant failed to prove that the information was a trade secret. DePuy Synthes Products,...more

Mintz - Health Care Viewpoints

Seventh Circuit Adds to Circuit Split Over Standard for DOJ Dismissals in FCA Cases

The Seventh Circuit Court of Appeals recently decided a case that created a new standard to assess requests by the Department of Justice (DOJ) to dismiss declined qui tam (whistleblower) suits under the False Claims Act...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Appeals Dropping Like Flies

This week, the Ninth Circuit closely guarded its own jurisdiction while putting government litigants on the back foot. Read on to find out why county jailors’ qualified immunity appeal was dismissed, and how the Court handled...more

McDermott Will & Emery

Don’t Mess with Texas? State Sovereignty Doesn’t Make Plaintiff Immune to Venue Transfer

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The US Court of Appeals for the Federal Circuit rejected the arguments of a state university in support of sovereign immunity and affirmed the district court’s decision to transfer the case to the District of Delaware. Board...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case - September 2019

PATENT CASE OF THE WEEK - Board of Regents of the University of Texas Sys. v. Boston Scientific Corp., Appeal No. 2018-1700 (Fed. Cir. Sept. 5, 2019) - This week’s case of the week involves issues relating to venue...more

Knobbe Martens

State Sovereignty Principles Do Not Allow the State to Bring a Patent Infringement Suit in an Improper Venue

Knobbe Martens on

BOARD OF REGENTS v. BOSTON SCIENTIFIC CORP. Before Prost, Reyna, and Stoll. Appeal from the United States District Court for the Western District of Texas. Summary: The patent venue statute governs actions filed by a...more

Carlton Fields

Third Circuit Finds Class Members’ Cash Advance Agreements May Fall Short of a True Assignment

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On April 26, 2019, the Third Circuit Court of Appeals reversed in part and affirmed in part a district court order purporting to void cash advance agreements entered into by and between class members and litigation funding...more

Fox Rothschild LLP

Fourth Circuit Explains The Scope Of “Collateral Order Doctrine”

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The federal corollary to the oft-blogged about “substantial right doctrine” in the North Carolina appellate courts is the “collateral order doctrine.” As is the case under North Carolina law, the jurisdiction of the United...more

Miles & Stockbridge P.C.

Maryland’s Court of Special Appeals Rejects Company’s Appeal of Ruling Requiring Discovery of Joint Defense Agreements,...

Miles & Stockbridge P.C. on

On December 6, 2018, in an unreported decision, Maryland’s Court of Special Appeals permitted plaintiffs in product liability litigation in Baltimore City Circuit Court to obtain broad discovery into joint defense agreements,...more

Clark Hill PLC

Judicial Proceedings Privilege Allows Appeal

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The Fifth Circuit recently held that an interlocutory appeal may be taken of an order denying summary judgment based upon the judicial proceedings privilege. See Bancpass, Incorporated v. Highway Toll Administration, LLC, No....more

Foley & Lardner LLP

Federal Circuit Provides More Guidance On Biosimilar Patent Litigation

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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

Patterson Belknap Webb & Tyler LLP

Second Circuit Rejects Application of Collateral Order Doctrine to “Non-Colorable” Double Jeopardy Claim

In United States v. Serrano, 16-432-cr; 17-461-cr (Kearse, Calabresi, Cabranes), the Second Circuit denied the defendant’s interlocutory appeal for lack of jurisdiction, holding that the collateral order doctrine is...more

Goodwin

Amgen v. Hospira: Amgen Files Appeal Brief at Federal Circuit

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As we reported in August, the Federal Circuit denied Hospira’s motion to dismiss Amgen’s interlocutory appeal from the district court (D.Del., J. Andrews) regarding a discovery dispute. The court ordered the parties to brief...more

McDermott Will & Emery

Motion to Quash Service Is Not a Collateral Order and Therefore Not Appealable - United States v. Sinovel Wind Grp. Co.

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The U.S. Court of Appeals for the Seventh Circuit concluded that the district court’s denial of defendant Sinovel’s motion to quash service of process is not an appealable order under the collateral order doctrine. The Court...more

Smith Anderson

Federal Court Report - Fourth Circuit Denies Appeal When There are Genuine Issues of Fact on Defendants’ Immunity Defense

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In an unpublished opinion, the Fourth Circuit considered the defendants’ appeal from the denial of their motion for summary judgment based on qualified immunity. Cooper v. Lippa No. 13-2055 (4th Cir. April 4, 2014). The Court...more

Davis Wright Tremaine LLP

Ninth Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

Thanksgiving arrived early for those who use California’s anti-SLAPP statute to fight meritless claims targeting free speech and petition rights. On Nov. 27, 2013, the Ninth Circuit Court of Appeals refused to reconsider its...more

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