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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


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 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


Privacy and Cybersecurity Group News: Can't This Just Be Over? Standing In Cybersecurity Claims
  • Murtha Cullina LLP
  • USA
  • January 22 2018

In August, the United States Court of Appeals for the DC Circuit revived a class action lawsuit, holding that the threat of harm from a data breach


Courts of Appeals Address Standing Under Spokeo
  • Jenner & Block LLP
  • USA
  • November 6 2017

In Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), the Supreme Court held that to have standing to sue, a plaintiff must complain of injury that is