Drilling Down: Real Parties in Interest and Time Bars - Patents: Post-Grant Podcast
On January 20, 2026, in an opinion authored by Justice Gary F. Traynor, the Delaware Supreme Court reversed a decision by the Delaware Court of Chancery that had invalidated certain provisions in a stockholder agreement...more
On January 20, 2026, the Delaware Supreme Court reversed the Court of Chancery’s decision in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co., holding that the challenged provisions of the stockholder agreement...more
In July 2025, HM Treasury (“HMT”) published a consultation paper (the “HMT Consultation Paper”) outlining significant reforms to the Financial Ombudsman Service (“FOS”). At the same time, the Financial Conduct Authority...more
On January 9, 2026, USPTO Director John A. Squires designated four recent discretionary-denial rulings as precedential and nine more as informative, formalizing a developing framework for how and when the Office will exercise...more
A Florida federal district court recently granted summary judgment, holding that claims under the Trafficking Victims Protection Reauthorization Act (TVPRA) were time-barred. Doe K.R. v. Choice Hotels, 2025 WL 3469855 (M.D....more
Governor Newsom recently signed into law a bill that temporarily revives certain claims seeking damages resulting from a sexual assault that would otherwise be time barred on January 1, 2026. ...more
In Gidor v. Magnus, the Pennsylvania Supreme Court addressed whether 68 Pa. C.S. § 7512 (“Section 7512”) of the Pennsylvania Home Inspection Law constitutes a statute of repose or a statute of limitations. The Court held that...more
California's new AB 250 reopens the door for time-barred sexual assault claims, giving plaintiffs a two-year window starting Jan. 1, 2026, to revive old cases -- exposing private employers (but not public entities) to renewed...more
Thirty days into the Federal government shutdown, few personnel of the U.S. Equal Employment Opportunity Commission (“EEOC”) are available and operations have been slashed. However, this does not mean that employers can put...more
The Illinois Appellate Court recently held that a breach of fiduciary duty claim, brought by one sibling against another, was in effect a claim against their father’s estate and therefore time-barred....more
The Minnesota Supreme Court recently issued a new decision that affects the ability to obtain pre-judgment interest, except as otherwise provided by contract (such as loan documents), and cuts off the ability to obtain that...more
On August 6, the U.S. District Court for the Central District of California granted a credit reporting agency’s motion to dismiss with leave to amend in a case brought by the CFPB. The court found that CFPB’s claims for...more
The Michigan Supreme Court recently held in Rayford v. American House Roseville I LLC that courts must review for reasonableness provisions in employment contracts that limit the amount of time within which an employee may...more
On July 31, 2025, in Rayford v. American House Roseville I, LLC, the Michigan Supreme Court ruled that contractual time limitations for employment lawsuits must pass a reasonableness test....more
An Ohio federal court granted a franchisor’s motion to dismiss a putative class of franchisees alleging antitrust violations and related claims, including interference to deflate franchisees’ reimbursement rates. Other class...more
USPTO Acting Director Coke Morgan Stewart recently vacated and remanded three Final Written Decisions from the PTAB. Semiconductor Components Indus. v. Greenthread, LLC, IPR2023-01242, IPR2023-01243, IPR2023-01244, Paper 94...more
In 2985 LLC d/b/a Mountain Voyage Company, LLC v. The Ridge Wallet LLC, a Patent Trial and Appeal Board (“PTAB”) panel denied inter partes review (“IPR”) institution where the petition was time barred under 35 U.S.C. § ...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 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