News & Analysis as of

First-to-File

WilmerHale

Federal Circuit Patent Watch: Arguments Not Presented in PTAB Request for Rehearing Are Not Necessarily Forfeited on Appeal

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Precedential and Key Federal Circuit Opinions - SANHO CORP. v. KAIJET TECHNOLOGY INTERNATIONAL LIMITED, INC. [OPINION] (2023-1336, 7/31/24) (Dyk, Clevenger, Stoll) - Dyk, J. The Court affirmed the Board’s decision...more

Bass, Berry & Sims PLC

False Claims Act Decisions to Know from Q2 2024

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In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and...more

Schwabe, Williamson & Wyatt PC

Two Separate Lawsuits Challenge the Federal Trade Commission

Two separate lawsuits have challenged the Federal Trade Commission’s ban on non-compete ‎provisions and agreements: Chamber Of Commerce Of The United States Of America et al. v. ‎Federal Trade Commission et al., Case No....more

Seyfarth Shaw LLP

FTC Non-Compete Ban Lawsuits Update: Eastern District of Texas Stays Chamber of Commerce Suit in Favor of Ryan LLC as...

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On May 3, 2024, the United States District Court for the Eastern District of Texas entered an Order staying the proceedings in Chamber of Commerce v. FTC by granting the FTC’s motion to apply the first-to-file doctrine, in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): SNIPR Technologies Ltd. v. Rockefeller University, 72...

As part of the America Invents Act (“AIA”), Congress moved the patent system from a first-to-invent to a first-inventor-to-file system. For patents governed by the new first-to-file system, the Act also eliminated...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Kaiser Scores First-To-File Dismissal In Medicare Advantage Fraud Suit

Medicare Advantage Organizations have come under increased fire as their parent companies continue to acquire more healthcare practices across the country. Experts suggest that this vertical integration has led to inflated...more

Proskauer - Minding Your Business

A Name is Not Enough: Ninth Circuit Finds No Standing for First-to-File Shareholder to Appeal Securities Class Action

Imagine you are an investor and you decide to file a lawsuit after a company that you invest in suffers a stock drop. When you get to the courthouse, you find that you are the first person to file a federal securities class...more

Sheppard Mullin Richter & Hampton LLP

SNIPR Tech. Ltd. v. Rockefeller Univ., No. 22-1260 (Fed. Cir. July 14, 2023)

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA,...more

McDonnell Boehnen Hulbert & Berghoff LLP

SNIPR Technologies Ltd. v. Rockefeller University (Fed. Cir. 2023)

One of the wonderful (as in, it makes one wonder) and frustrating (which needs no explanation) aspects of patent law is that just when you think a question is settled it either isn't or the conventional interpretation is...more

International Lawyers Network

First-to-File or First-to-Use? Trademark Protection in Australia

Foreign entities wishing to register an Australian trademark should be aware that Australia is a ‘first-to-use’ jurisdiction. This means that the owner of a trademark is the first user of that trademark....more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: April 2023

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Four subjects stood out in patent litigation in Texas in April 2023: (1) applicability of the customer-suit exception to the first-to-file rule; (2) the level of ties a reasonable royalty methodology must have to the facts of...more

Goldberg Segalla

Stay of Action against Insurer under First-to-File Rule

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Court: U.S. District Court, Eastern District of Louisiana. Plaintiff filed an action alleging take-home exposure from asbestos fibers while living with her grandfather, who was a welder for 40 years at Avondale...more

MoFo Life Sciences

Recent Updates On Use Of Post-Filing Data As Evidence To Support Patentability

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In a “first to file” patent system as exists in the United States and in most countries throughout the world, timing of when to file a patent application is critically important but must be balanced by patentability...more

Smith Gambrell Russell

Unanimous U.S. Supreme Court Rejects Prejudice Requirement for Arbitration Waiver

On May 23, 2022, the U.S. Supreme Court considered the question of waiver in a case governed by the Federal Arbitration Act (“FAA”) and held that a party can waive its right to arbitration irrespective of whether the other...more

Bass, Berry & Sims PLC

False Claims Act Decisions to Know from Q1 2022

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There have been several significant rulings on various provisions of the False Claims Act (FCA) in the first quarter of this year, which we highlight in this post. Government Dismissal Authority - To start the year, in...more

CDF Labor Law LLP

Ninth Circuit Rejects Enforcement of New Jersey Choice of Law and Non-Compete Agreement In Employment—The Importance of Being The...

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In novel and important decision, DePy Synthes Sales v. Howmedica Ostionic’s, Ninth Cir. Case No. 21-55126, on March 14, 2022, the Ninth Circuit Court of Appeals upheld the lower court’s decisions to prevent a former employer...more

Lowenstein Sandler LLP

SCOTUS to Address Circuit Split Over Arbitration Waiver

Arbitration clauses in commercial and consumer contracts can be an effective tool for limiting the time and expense associated with litigation. However, parties always may decide to litigate, assuming neither party seeks to...more

McDermott Will & Emery

Power Play: District Court Properly Transferred Bad Faith Anticipatory Suit

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The US Court of Appeals for the Federal Circuit denied a petition for mandamus relief from an order transferring a first-filed declaratory judgment action from the District of New Jersey to the Western District of Texas,...more

Buckingham, Doolittle & Burroughs, LLC

Dear Patenticity: Still Inventing

Dear Patenticity, My company has several new product concepts under development right now, and some are very early in the design process. We are in a very competitive space, so we want to protect our work with patents to...more

Jones Day

PGR Eligibility: An Uphill Climb For Transition Patents

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A patent is eligible for post-grant review (“PGR”) only if the patent is subject to the first-inventor-to-file provisions of the AIA. In Tricam Indus., Inc. v. Little Giant Ladder Sys., LLC, the PTAB explained that...more

Smart & Biggar

Fact or fiction? Debunking patent myths for business and technology leaders.

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There are many misconceptions or ‘myths’ about patents that have found their way into popular discourse, ranging from what type of innovations are patentable, to how important it is to own and protect your intellectual...more

Fox Rothschild LLP

Business Court Confirms The “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain A Rarity

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As a still-young judicial panel, the Business Court frequently has an opportunity to define its boundaries in the face of challenges to its jurisdictional reach. In Inhold, LLC v. PureShield, Inc., 2021 NCBC 2, the Court...more

Jones Day

Australian High Court Rejects "First to File" Approach to Choosing Between Competing Class Actions

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There is no "one size fits all" approach to competing class actions. Five competing and overlapping shareholder class actions were commenced in two separate Australian courts against AMP Limited. All actions were...more

McDermott Will & Emery

First-to-File Rule Requires That Action Could Have Been Brought in Transferee Forum

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After issuing a rare grant of a mandamus petition directing a district court to stay proceedings until ruling on a pending motion to transfer, the US Court of Appeals for the Federal Circuit denied a subsequent mandamus...more

Bradley Arant Boult Cummings LLP

False Claims Act 2020 Year in Review

This year saw substantial activity in FCA settlements and litigated court cases. Although no single case or development dominated the discourse this year, several important court decisions were issued, including two that may...more

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