U.S. Supreme Court holds that individual damages issues may preclude class certification *

USA - April 1 2013
For years now, some courts have been willing to allow class actions to proceed in the face of individualized damages issues, on the theory that those…

Co-authors: Jeffrey L. Kessler, Neal R. Marder, Linda T. Coberly, Rex L. Sessions, Gene C. Schaerr.

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U.S. Supreme Court holds that plaintiffs may not circumvent CAFA’s clear purpose by creative pleading *

USA - March 21 2013
Earlier this week, the U.S. Supreme Court issued a significant decision that signals that the Class Action Fairness Act ("CAFA") should be given its…

Co-authors: Neal R. Marder, Linda T. Coberly, Rex L. Sessions, Gene C. Schaerr.

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Accent Packaging, Inc. v. Leggett & Platt, Inc *

USA - February 15 2013
A claim construction must not exclude the preferred embodiments, the possibility of altering an accused device to meet claim limitations does not…

Co-authors: Scott Blackman , Michael L. Brody, Kathleen Barry.

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Arkema Inc., et. Al., v. Honeywell International, Inc. *

USA - February 15 2013
An alleged infringer may bring a declaratory judgment where the patentee's conduct puts it in the position of pursuing arguably illegal conduct or…

Co-authors: Scott Blackman , Michael L. Brody, Kathleen Barry.

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Allflex USA, Inc. v. Avid Identification Sys., Inc., No. 2011-1621 (Fed. Cir. Jan. 17, 2013) *

USA - January 24 2013
An appeal is moot if the parties settle all of their claims and make a portion of the settlement payment contingent upon the outcome of the appeal…

Co-authors: Scott Blackman , Michael L. Brody, Kathleen Barry.

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