News & Analysis as of

Motion for Judgment

Ballard Spahr LLP

Federal District Court in Texas which recently validated CFPB’s small business data collection rule might entertain “new” funding...

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On August 26, 2024, Chief Judge Randy Crane in the E.D. Texas granted summary judgment to the CFPB, denied summary judgment to the trade groups and upheld the validity of the CFPB’s small business data collection rule....more

Knobbe Martens

Automating Background Checks Held Patent Ineligible Under § 101

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Before Moore, Stoll, and Cunningham. Appeal from the United States District Court for the Eastern District of Texas. Summary: No live controversy existed over patent claims omitted from infringement contentions prior to a...more

Ballard Spahr LLP

Third Circuit Rules Pennsylvania Consumer Discount Company Act Does Not Regulate Collection of Charged-Off Debts

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On February 7, 2024, the U.S. Court of Appeals for the Third Circuit affirmed the district court’s Order granting a motion for judgment on the pleadings and holding that a charged-off loan made by a lender licensed under the...more

Orrick, Herrington & Sutcliffe LLP

Third Circuit finds Pennsylvania lending law does not regulate collection of charged-off debt

On February 7, the U.S. Court of Appeals for the Third Circuit affirmed a lower court’s decision to grant a debt collector’s (the defendant) motion for judgment. The defendant argued that its efforts to collect plaintiff’s...more

Perkins Coie

Weekly Notable Ruling Roundup - October 2023 #2

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Stephen Dunn, et al. v. Ancient Brands LLC, No. 5:21-cv-00390-LEK-ML (September 15, 2023): The...more

AEON Law

Patent Poetry: Ninth Circuit: Specific Knowledge Needed to Prove Contributory Trademark Infringement

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The US Court of Appeals for the Ninth Circuit has found that specific knowledge is required for liability in a case of contributory trademark infringement. The case is Y.Y.G.M. SA, DBA Brandy Melville v. Redbubble, Inc.,...more

Marshall Dennehey

Ohio Civil Rule 15(A) Discourages a Prompt Motion for Judgment on the Pleadings

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In a surprising win by a pro se plaintiff against a large law firm, the Eighth District Court of Appeals reminded counsel of a plaintiff’s absolute right to amend their complaint. In this case, the appellate court held that...more

Dickinson Wright

Effect of Post-Judgment Motions on the Time to Appeal

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There are a number of reasons why parties in a civil case might consider filing a post-judgment motion before appealing an adverse decision. In fact, sometimes, a post-judgment motion is required to preserve an issue for...more

Proskauer - Whistleblower Defense

Tenth Circuit Affirms $1 Million Jury Award to Whistleblower

On July 20, 2022, the Tenth Circuit affirmed a $1 million jury award to a former employee who claimed he was demoted in retaliation for reporting that his supervisor instructed him to falsify test results on a program used by...more

Bowditch & Dewey

UT Austin Reconsiders Tenure Bid After $3M Pregnancy Discrimination Jury Verdict

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Following a $3,000,000 jury verdict against it earlier this year, The University of Texas at Austin (“UT Austin”), recently reconsidered the tenure bid of Dr. Evdokia Nikolova (“Dr. Nikolova”). In July 2020, Dr. Nikolova...more

Sheppard Mullin Richter & Hampton LLP

Securities and Exchange Commission V. LBRY; Is Your Crypto Project Illegal?

While the crypto community is rightfully focused on the Ripple case to see how the SEC will fare in court on enforcements alleging cryptocurrency offerings are a security, a lesser-known case may provide clarity first. The...more

Fox Rothschild LLP

Judge Noreika Grants Defendant’s Post-Trial Renewed Motion for Judgment as a Matter of Law Reversing the Jury’s Finding of...

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By Memorandum Opinion entered by the Honorable Maryellen Noreika in TRUSTID, Inc. v. Next Caller, Inc., Civil Action No. 18-172-MN (D.Del. January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion...more

Holland & Knight LLP

D. Ariz.: Exchanging Geographic and Demographic Data is not Patent Eligible under Section 101

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In the case USADATA Inc. v. DataWidget LLC, No. CV-21-00526-PHX-DLR, 2021 WL 5084283 (D. Ariz. Nov. 1, 2021), the patent at issue is titled, "System and Method for Selling Customer-Specific Data Subsets on a Third-Party...more

Womble Bond Dickinson

District of Delaware Chief Judge Denies Request for Early Motion for Summary Judgment and Will Not Refer to Magistrates Citing...

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On November 23, 2021, Chief Judge Colm Connolly of the District of Delaware denied a joint request for an early summary judgment motion in patent litigation. In Fundamental Innovation Systems International LLC v. Lenovo...more

Lewitt Hackman

Franchisee 101: Planet Interference

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A federal court in New Hampshire found a multi-unit operator of five Planet Fitness gyms plausibly alleged the franchisor interfered with its business relationships and denied Planet Fitness’ motion for judgment on the...more

Fox Rothschild LLP

District Of Delaware Denies Defendants’ Motion For Judgment On The Pleadings In Patent Infringement Action

Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Maryellen Noreika in SIPCO, LLC v. Aruba Networks, LLC et al., Civil Action No. 20-537-MN (D.Del. June 9, 2021), the Court denied Defendants’ motion for judgment on the pleadings...more

Goodwin

Amgen Petitions Federal Circuit to Reconsider Decision Invalidating Praluent Patents

Goodwin on

As we previously reported, on February 11, 2021, a three-judge panel of the Federal Circuit affirmed the District Court for the District of Delaware’s grant of Sanofi’s motion for judgment as a matter of law that the asserted...more

Morris James LLP

Delaware Supreme Court Concludes Out-of-Pocket Damages Are the Default Remedy for Fraudulent Misrepresentation Absent an...

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LCT Capital, LLC v. NGL Energy Partners, LLP, App. Nos. 565,2019 & 568,2019 (Del. Jan. 28, 2021) - Delaware law recognizes both benefit-of-the-bargain damages and out-of-pocket damages as remedies for fraudulent...more

Goodwin

Federal Circuit Affirms Lack of Enablement of Select Claims of Amgen Patents

Goodwin on

As we previously reported in August 2019, the District Court for the District of Delaware issued an opinion granting Sanofi’s motion for judgment as a matter of law that the asserted claims of two of Amgen’s patents, U.S....more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Network-1 Tech., Inc. v. Hewlett-Packard Co. et....

Network-1 sued HP, among others, for patent infringement. Another defendant then filed an inter partes review (IPR) petition. Following institution, HP filed its own petition on different grounds and a motion to join the...more

Holland & Knight LLP

Federal Circuit: Patent Eligibility Turns on the Content – Not Length – of the Claims

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Electronic Communications Technologies (ECT) asserted its '261 patent, titled "Secure Notification Messaging with User Option to Communicate with Delivery or Pickup Representative," in the U.S. District Court for the Southern...more

PilieroMazza PLLC

Judgment on the Pleadings: An Underutilized and Potentially Devastating Tool in the Litigator's Pre-Trial Arsenal

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Motions for judgment on the pleadings are an often misunderstood and underutilized tool in the litigator’s arsenal. A motion made under Federal Rule of Civil Procedure 12(c) (or a similar state rule of procedure where...more

Holland & Knight LLP

Hot Potato War: Patent to Pretreat Vegetables Not Directed to Ineligible Concept

Holland & Knight LLP on

J.R. Simplot and McCain Foods have spent the last few years battling in the U.S. District Court for the District of Idaho over issues related to – unsurprisingly – potatoes, with each party asserting a design patent related...more

Holland & Knight LLP

Federal Court Extends Temporary Injunction Barring AB-5 from Applying to Motor Carriers Operating in California

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As an update to our Jan. 7, 2020, post regarding California Assembly Bill 5 (AB-5), on Jan. 13, 2020, U.S. District Judge Roger T. Benitez of the Southern District of California heard two hours of oral argument on the motion...more

White and Williams LLP

Pennsylvania Federal Court Holds Insurer Can’t Use Insured’s Admission to Withdraw Defense

It has long been the rule, under Pennsylvania law, that an insurer's duty to defend is determined "solely" by the allegations in the "four corners" of the complaint against the insured. Kvaerner Metals Div. of Kvaerner U.S.,...more

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