News & Analysis as of

Federal Rule 12(b)(6) Remand

Zelle  LLP

Minn. Big Oil Climate Suit Follows Big Tobacco Blueprint

Zelle LLP on

When Minnesota's Attorney General Keith Ellison announced in June 2020 that his office had filed a climate change lawsuit, the litigation strategy he described was relatively novel for a climate change case. Rather than...more

Troutman Pepper

Federal Circuit Review - Issue 278

Troutman Pepper on

278-1. Federal Circuit Remands Patent Infringement Case to Answer Patent Ownership and License to Practice Questions - The Federal Circuit recently vacated a grant of summary judgment of non-infringement of a patent,...more

Bradley Arant Boult Cummings LLP

Federal Circuit Says Motion to Dismiss Stage Too Early to Use Patent License Defense - Intellectual Property News

Last week, the Federal Circuit revived a patent infringement suit brought by Fraunhofer-Gesellschaft zur Forderung der angewandten Forschung E.V. against Sirius XM Radio Inc. in the District of Delaware when it vacated the...more

McDermott Will & Emery

Although Dismissal Sanction Was Abuse, Complaint Fails on Nominative Fair Use

Addressing whether a district court properly dismissed a Lanham Act case as a sanction for failure to timely file an amended complaint, the US Court of Appeals for the Ninth Circuit concluded that the dismissal sanction was...more

Knobbe Martens

Coda Development v. Goodyear Tire & Rubber

Knobbe Martens on

Federal Circuit Summary - Before Prost, Wallach, and Hughes. Appeal from the U.S. District Court for N.D. Ohio. Summary: On a Rule 12(b)(6) motion, a district court cannot judicially notice facts that are subject to...more

Womble Bond Dickinson

Tracking the Trend: Court Holds Defendants Not Required to Allege Plaintiff’s Article III Standing in Removing TCPA Case From...

Womble Bond Dickinson on

We’re closely tracking the recent trend involving plaintiffs’ use of their lack of Article III standing as a basis to avoid federal jurisdiction. Last week we reported on a case in the Northern District of California that was...more

King & Spalding

Fifth Circuit Reverses District Court’s Ruling that Required Hospital to Plead Specific Plan Language to State a Claim For ERISA...

King & Spalding on

On June 12, 2018, the United States Court of Appeals for the Fifth Circuit issued a ruling in Innova Hospital San Antonio, L.P. v. Blue Cross and Blue Shield of Georgia, Inc., et al. that clarified the scope of what a...more

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - June 2018

Aatrix Software, Inc. v. Green Shades Software, Inc., Appeal No. 2017-1452 (Fed. Cir. May 31, 2018) and Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. May 31, 2018) - In these two, published, precedential orders...more

Knobbe Martens

Federal Circuit Review - March 2018

Knobbe Martens on

Distribution Agreements Can Constitute Offers for Sale Under Section 102(b) - In The Medicines Company v. Hospira, Inc., Appeal Nos. 2014-1469, 2014-1504, the Federal Circuit held that a distribution agreement qualified as...more

Knobbe Martens

Aatrix Software, Inc v. Green Shades Software, Inc

Knobbe Martens on

Federal Circuit Summaries - Before Moore, Reyna, and Taranto. Appeal from the District Court for the Middle District of Florida. Summary: Allegations in the complaint about how the claimed invention solved problems in...more

Proskauer - Minding Your Business

Alibaba Securities Class Action Reinstated

The Second Circuit recently revived a putative securities class action against Alibaba Group Holding Ltd. and four of its top executives for alleged material misrepresentations in connection with the company’s $25 billion...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide