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First Circuit addresses an issue that continues to vex (and split) the circuits: should a class be certified that includes uninjured class members?
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • October 24 2018

The issue of how to treat uninjured class members continues to vex the federal courts. This issue presents both substantive and procedural

Employers Score Another BIPA Win
  • Winston & Strawn LLP
  • USA
  • August 10 2018

Class action plaintiffs continue to bring actions against Illinois companies under the Biometric Information Protection Act (BIPA), which contains

When is There Standing to Appeal a PGR Final Written Decision?
  • Marshall Gerstein & Borun LLP
  • USA
  • July 5 2018

In Altaire Pharm., Inc. v. Paragon Biotek, Inc., Case No. 2017-1487 (Fed. Cir. May 2, 2018), the Federal Circuit reversed in part a PGR final written

A Horse for a Different Course: Fourth Circuit Declines to Apply 60-Day Rule to Medicare Secondary Payer Act
  • Hall Render Killian Heath & Lyman PC
  • USA
  • June 18 2018

Most health care providers caring for federal health care program beneficiaries are familiar with the False Claims Act1 (“FCA”) and its qui tam

A Petitioner’s Dilemma in Post-Grant Reviews
  • K&L Gates
  • USA
  • June 5 2018

Post-grant reviews ("PGRs") can only be filed within a nine-month window starting from the issuance of the patent, but standing to appeal to the

Federal Circuit Issues Two Decisions Impacting Standing to Challenge Validity of Pharma Patents
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • May 23 2018

Two recent Federal Circuit decisions address when a party has standing to challenge the validity of a patent. Though the cases arose in different

International Trade Commission Clarifies the Intersection Between Litigation Funding Agreements and Standing
  • Mintz
  • USA
  • April 27 2018

On April 18, 2018, the International Trade Commission (“Commission”) reversed an Administrative Law Judge’s (“ALJ”) finding that a litigation funding

USITC Declines To Designate An Antitrust-Based Section 337 Investigation For Early Disposition
  • Squire Patton Boggs
  • USA
  • April 2 2018

Under a pilot program initiated in 2013, the U.S. International Trade Commission (ITC) may designate an investigation for early disposition if it

Reading the Tea Leaves: Pleading Standing for Statutory Violation Claims Following the Supreme Court’s Denial of Certiorari in Spokeo II
  • Hausfeld LLP
  • USA
  • February 16 2018

In the nearly two years since the Supreme Court decision in Spokeo, Inc. v. Robins, lower courts and litigants have struggled with differing

The Spokeo Chronicles: FCRA Criminal Background Pre-Adverse Action Claim Dismissed for Lack of Standing
  • Hunton Andrews Kurth LLP
  • USA
  • January 24 2018

On December 21, 2017, the U.S. District Court for the Eastern District of Pennsylvania in Moore v. Rite Aid Headquarters Corp., 2:13-cv-01515