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Proskauer Rose LLP | USA | 12 Sep 2023
Where Do We Go From Here? Practical Considerations When Multidistrict Litigation Comes to an End
When product liability actions involving one or more common issues of fact (e.g., an allegedly harmful product or chemical) are filed in multiple…
Mintz | European Union, USA | 5 Feb 2019
Patent Term Adjustment: The Real Meaning of Applicant Delay
On January 23, 2019, the Federal Circuit decided Supernus Pharmaceuticals, Inc. vs. Iancu and shed light on Patent Term Adjustment (PTA). PTA was…
Marshall Gerstein & Borun LLP | USA | 26 Jun 2018
Federal Circuit Remands Decision on Motion to Amend to Board to Apply and Interpret Aqua Products and SAS Institute
The Federal Circuit’s recent decision in Sirona Dental Systems GMBH v. Institut Straumann AG, Appeals 2017-1341, 2017-1403 (Fed. Cir. June 19, 2018)…
Marshall Gerstein & Borun LLP | USA | 18 Jun 2018
PTAB Failed to Properly Apply Test for Printed Publication
The Federal Circuit vacated and remanded the PTAB’s decision that a video demonstration and slides distributed by Petitioner Medtronic at three…
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 6 Jun 2018
Collateral Estoppel May Be Applied Sua Sponte to Co-Pending Actions
In XY, LLC v. Trans Ova Genetics, L.C., the Federal Circuit applied collateral estoppel sua sponte following a related decision upholding the…
Jones Day | USA | 5 Jun 2018
File It: Motion for Remand in View of SAS Institute
We have previously discussed the ramifications of the Supreme Court’s decision in SAS Institute, Inc. v. Iancu, which held that the PTAB cannot…
Proskauer Rose LLP | USA | 14 May 2018
Auto Dealership Service Advisors Are Exempt From Federal Overtime Requirements
An amendment to the Fair Labor Standards Act ("FLSA") exempts from its overtime requirements "any salesman, partsman, or mechanic primarily engaged in…
Jones Day | USA | 24 Apr 2018
U.S. Supreme Court: No More Partial Institution Practice In AIA Reviews
In a win for SAS Institute, represented by Jones Day attorneys Greg Castanias, John Marlott, and Dave Cochran, the U.S. Supreme Court issued its…
Cadwalader Wickersham & Taft LLP | USA | 29 Mar 2018
Marketplace Lending Update #2: Another Rocky Mountain Remand
In our prior Clients & Friends Memo “Who’s My Lender?” published on March 14, 2018, we analyzed two actions brought against marketplace lenders, one…
Sterne Kessler Goldstein & Fox PLLC | USA | 9 Mar 2018
No Second Chance on Remand for Late Arguments
On Tuesday, the Federal Circuit issued a precedential decision affirming the Board’s refusal to consider new arguments that had been made for the…
