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NCAA Rules Limiting Education-Related Benefits Violate Antitrust Laws

USA - June 24 2021 NATIONAL Collegiate Athletic Association v. ALSTON Before the United States Supreme Court; Opinion by Justice Gorsuch; Concurring Opinion by Justice…

Alexander Zeng

Constitutional Issues Arising From PTAB Decisions Must Be Appealed to the Federal Circuit

USA - August 24 2020 Summary: Congress foreclosed the possibility of Administrative Procedure Act (APA) review of an Inter Partes Review (IPR) proceeding by district…

Benjamin L. Van Adrichem, Paul Stewart

Dismissal on Procedural Grounds May Bar Claims for Later Infringement Under Res Judicata

USA - August 24 2020 Summary: Res judicata may bar subsequent claims regarding conduct substantially similar to conduct accused in a prior action that was dismissed for…

Paul Stewart, James Yang

Post-Investigation Invalidity Challenge Is Not a Changed Condition Permitting Rescission of an ITC Exclusion Order

USA - July 20 2020 Summary: An invalidity challenge, raised after the close of an ITC investigation, is not a changed condition under 19 U.S.C. § 1337(k)(1) for which…

Paul Stewart

Litigants Face a High Hurdle When Seeking Fees for Unadjudicated Claims

USA - June 9 2020 Summary: when a litigant seeks fees for an exceptional case based on issues that were not fully adjudicated at the district court, the litigant’s fee…

Brandon G. Smith, Paul Stewart