News & Analysis as of

Lack of Particularity

Robinson+Cole Health Law Diagnosis

Supreme Court Denies Certiorari in Three FCA “Particularity” Cases.

On October 17, 2022, the Supreme Court denied certiorari in three cases asking the court to resolve a circuit split regarding the application of the particularity pleading requirement for allegations of fraud in False Claims...more

McDermott Will & Emery

A Clear Need: To Allege Misappropriation, Identify Trade Secret

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment, finding that the plaintiff had sufficiently pled trade secret misappropriation by identifying its trade secrets and how they...more

Bass, Berry & Sims PLC

Qui Tam Complaint Against Pharmacy Dismissed for Lack of Particularity

Bass, Berry & Sims PLC on

On May 6, the U.S. District Court for the District of South Carolina entered final judgment dismissing with prejudice a relator’s qui tam False Claims Act (FCA) suit against the defendant wholesale pharmacy. The relator, a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - April 2020

This issue includes summaries and associated court opinions of selected cases principally decided between October 2019 and January 2020. ...more

A&O Shearman

Southern District Of New York Dismisses Putative Class Action Against Tobacco Company For Failure To Adequately Allege Falsity And...

A&O Shearman on

On February 4, 2020, Judge Ronnie Abrams of the United States District Court for the Southern District of New York dismissed a putative class action asserting claims under Section 10(b) of the Securities Exchange Act of 1934...more

A&O Shearman

Northern District Of Illinois Dismisses Putative Class Action Against In-Flight Internet Provider For Failure To Adequately Allege...

A&O Shearman on

On October 16, 2019, Judge Jorge L. Alonso of the United States District Court for the Northern District of Illinois Eastern Division dismissed a putative securities class action against an in-flight internet connectivity...more

McDermott Will & Emery

PTAB Highlights Two Opinions Regarding Its Power to Decline Institution

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Addressing the scope of its discretion under 35 USC § 325(d), the Patent Trial and Appeal Board (PTAB) designated two opinions as precedential or informative. In Adaptics Limited v. Perfect Company, Case No. 2018-01596...more

Orrick - Trade Secrets Group

Pleading “Sufficient Particularity”: Technical Trade Secrets Require More

It’s common sense that, to protect a trade secret, the information must remain secret. However, when trade secret misappropriation claims arise and litigation ensues, the court and the parties involved need to understand at...more

Jones Day

PTAB Designates Three Decisions On Discretion To Institute Review

Jones Day on

The PTAB recently designated two decisions as precedential and one decision as informative on discretion to institute review. Becton, Dickinson and Company v. B. Braun Melsungen AG, Case IPR2017-01586 (PTAB Dec. 15, 2017)...more

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