Drilling Down: Real Parties in Interest and Time Bars - Patents: Post-Grant Podcast
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
On December 4, 2024, the Appellate Division, Second Department affirmed the trial court’s retroactive application of the Foreclosure Abuse Prevention Act (FAPA) to dismiss the re-commenced foreclosure action as time-barred...more
Alert December 30, 2024 The United States District Court for the District of Maryland granted a defendant’s motion for judgment on the pleadings in a case arising under the Fair Credit Reporting Act (FCRA) due to an alleged...more
In a summary order, the US Court of Appeals for the Second Circuit affirmed the district court’s orders in a case involving an ownership dispute over the copyrights to certain compositions by Parliament-Funkadelic bandleader...more
On November 4, 2024, Judge Denise L. Cote of the United States District Court for the Southern District of New York granted in part and denied in part a motion to dismiss a putative class action brought under Sections 10b-5...more
Statutes of limitations limit the time within which a defendant can be held liable for any type of alleged wrongdoing. Plaintiffs who do not pursue their rights within the limitations period will find the courthouse doors...more
United States Patent and Trademark Office (USPTO) Director Kathi Vidal had a busy end to her summer, issuing six decisions as part of the Director Review process between July 10 and August 22. In the six decisions, the...more
Speck v. Bates, No. 2023-1147 (Fed. Cir. May 23, 2024) addressed two issues, (1) whether courts should apply a one-way test or a two-way test to determine if pre-critical claims materially differ from post-critical claims,...more
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
On July 31, 2024, the New York Supreme Court, Appellate Division: Second Department affirmed the dismissal of a quiet title action, which sought to discharge a mortgage as time-barred under the Foreclosure Abuse Prevention...more
The US Court of Appeals for the Federal Circuit reversed the granting of a sweeping preliminary injunction (PI) in a trade secret suit against a competitor, finding that the district court’s analysis failed to consider...more
In a recent order denying dismissal in United States v. NH Learning Solutions Corp. (NHLS), the U.S. District Court for the Eastern District of Michigan weighed in on a False Claims Act (FCA) issue that has divided courts,...more
On May 7, 2024 the North Carolina Court of Appeals issued thirty-three published opinions There’s a lot to chew on here. Here’s my summary of a few of the more interesting or unusual cases. Warren v. Cielo...more
The New York Supreme Court, Appellate Division, has held that a “prior acts” exclusion in a directors and officers policy did not bar coverage for settlements reached by the insured in two related shareholder lawsuits,...more
A North Carolina federal court dismissed a complaint brought by a franchisee against its franchisor. The franchisee alleged the franchisor fraudulently induced the franchisee to enter into a franchise agreement, but the court...more
Key Takeaway: Employers can increase protection against § 1981 lawsuits by including a statute of limitations provision in their employment application. The Fifth Circuit recently remitted a jury award in favor of the...more
The Patent Trial and Appeal Board rejected a patent owner’s argument that the Board should exercise its discretion to deny a petitioner’s inter partes review (IPR) petition because Petitioner failed to name a time-barred real...more
A federal court in Pennsylvania granted in part and denied in part a former franchisee’s motion to dismiss a franchisor’s allegation that she misappropriated trade secrets and breached the franchise agreement. JTH Tax, LLC v....more
A federal court in North Carolina recently dismissed a complaint brought by Bigelow Corporation against its franchisor Hound Town USA because the claims were time barred. Bigelow Corporation v. Hounds Town USA, LLC, 2023 WL...more
Applying Illinois law, the First District Appellate Court of Illinois has held that a related wrongful acts provision barred coverage for a series of “claims” made over the course of six years because the claims—as the...more
The recent Appellate Division decision of Litton v. Litton presents an extreme case of what happens when a litigant agrees to submit his or her dispute to arbitration in Rabbinical Court, Bais Din, but then decides not to...more
On May 4, the U.S. Court of Appeals for the Sixth Circuit affirmed a lower court’s decision in a judicial foreclosure action, holding that a bank’s lawsuit was barred by Tennessee’s 10-year statute of limitations for actions...more
A federal bankruptcy court in Delaware has dismissed time-barred claims that a Chapter 7 Trustee alleged on behalf of a bankrupt franchisor, AVF Franchising, LLC, against several of its franchisees. In re Start Man Furniture,...more
The Quincecare duty has become a popular tool for companies (or their liquidators) to claim against banks for funds misappropriated on wrongful payment instructions. It requires a bank to refrain from executing a payment...more
In Ventex Co., Ltd. v. Columbia Sportswear North America, Inc., IPR2017-00651 (PTAB Apr. 12, 2023) (per curiam), the Patent Trial and Appeal Board (the “Board”) found that petitioner Ventex Co., Ltd.’s (“Ventex) failure to...more