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Wilson Elser | USA | 15 Oct 2018
The Motion for Partial Summary Judgment: The Litigator’s Often Forgotten Tool
The discovery phase in your products liability lawsuit has been completed and it’s time to decide the next course of action before proceeding to trial…
Bass Berry & Sims PLC | USA | 22 Nov 2017
DOJ Bows Out of ManorCare FCA Case
After years of investigation and litigation, and on the eve of a highly anticipated trial, the government abandoned its FCA case against ManorCare…
Patterson Belknap Webb & Tyler LLP | USA | 30 Oct 2017
4 Out of 5 IPRs Ain’t Bad: Judge Oetken Grants Motion to Stay Pending Resolution of IPR Proceedings Despite Advanced Stage of Litigation
On October 27, 2016, District Judge J. Paul Oetken (S.D.N.Y.) granted defendant Comcast Corp.'s ("Comcast") motion to stay the case pending resolution…
Hunton Andrews Kurth LLP | USA | 29 Sep 2017
The Federal Circuit Upholds the C.D. California’s Vacatur of Infringement Under the Doctrine of Equivalents Based on the Ensnarement Doctrine
Plaintiff, Dr. David Jang ("Jang"), appealed (1) the district court's denial of Jang's motion for judgment as a matter of law that defendant Boston…
Bass Berry & Sims PLC | USA | 14 Mar 2017
False Claims Act Dangers on Display in Ruckh
A recent jury verdict in an FCA lawsuit pending in the United States District Court for the Middle District of Florida resulted in a not-so-subtle…
Cliffe Dekker Hofmeyr | South Africa | 6 Jan 2017
Alas, sometimes you can't appeal Tax Court decisions
A number of cases have examined whether an interim order or decision which does not dispose of a case finally is appealable. In a recent Supreme Court of Appeal case, a taxpayer wanted to appeal, among other things, the Tax Court's decision regarding the onus of proof and duty to adduce evidence first. The court's judgment provides an important warning for taxpayers to consider the applicable......
Fox Rothschild LLP | USA | 29 Nov 2016
Chief judge Stark denies defendant’s motion to continue trial and issues rulings on motions in limine in patent infringement action
By Memorandum Order entered by The Honorable Leonard P. Stark in Idenix Pharmaceuticals LLC, et al. v. Gilead Sciences, Inc., et al., Civil Action No…
Fish & Richardson | USA | 11 Aug 2016
WDWI rejects “inexorable flow” doctrine of lost profits
The Western District of Wisconsin, in Kahr v. Cole, Case No. 13-C-1005 (Judge Griesbach) (July 28, 2016), granted defendant's motion in limine to…
Jeffer Mangels Butler & Mitchell LLP | USA | 8 Aug 2016
District Court Excludes Evidence of Lost Profits Where Inventor Did Not Make Products That Practiced the Patent Even Though a Related Corporation Did
In this patent infringement action, the defendants filed a motion in limine to exclude evidence of any claimed lost profits damages alleged by the…
Jeffer Mangels Butler & Mitchell LLP | USA | 2 Aug 2016
District Court Precludes Defendant from Making Disparaging Remarks Directed at Patent and Trademark Office in Front of Jury But Permits Plaintiff to Make Remarks Consistent with Presumption of Validity
Core Wireless Licensing ("Core Wireless") filed a patent infringement action against LG Electronics, Inc. ("LG"). As the matter approached trial…
