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Phelps Dunbar LLP | USA | 26 Feb 2019

A Case to Keep In Your Pocket: Two Dismissal Rule Applies to Identical Qui Tam Cases Brought by Different Relators

I came across a small case to keep in your pocket as it might be needed one day: Arizona Medical Billing, Inc. v. FSIX LLC, 2019 U.S. Dist. Lexis…

Jones Day | USA | 17 Jan 2019

Cert Petition Seeks Review of Time-Bar Trigger for Voluntarily Dismissed Complaints

On January 11, 2019, Dex Media filed a Petition for Writ of Certiorari seeking review of the Federal Circuit’s decision in Click-To-Call Tech. V…

Ropes & Gray LLP | USA | 10 Jan 2019

Leveraging Your PTAB Record to Secure Attorney Fees in District Court

After Octane Fitness, district courts “may determine whether a case is ‘exceptional’ in the case-by-case exercise of their discretion, considering…

Jones Day | USA | 12 Dec 2018

Click-to-Call Cert Petition - Second Extension of Time Granted

As reported in a prior post, DexMedia, Inc. previously filed an Application for Extension of Time to File a Petition for a Writ of Certiorari…

Jones Day | USA | 15 Nov 2018

Breaking: Click-to-Call and One-Year Time Bar - Petition for Certiorari Incoming

As reported in a prior post, the Federal Circuit in Click-To-Call Tech. V. Ingenio, Inc., 2015-1242 (Fed. Cir. Aug. 16, 2018) (en banc) found in a…

Arent Fox LLP | USA | 19 Oct 2018

Friday Enforcement Wrap: New DOJ Guidance on Corporate Monitors & More Headlines

On October 11, Assistant Attorney General Brian Benczkowski issued guidance to Criminal Division attorneys regarding “Selection of Monitors in…

Michael Best & Friedrich LLP | USA | 12 Oct 2018

This Week at the Board - October 12, 2018

In IPR2018-00706, the patent owner asserted that the Board should deny institution under 35 U.S.C. §314(a), since the same patent had already been…

Baker & Hostetler LLP | USA | 21 Sep 2018

Ninth Circuit Affirms Decertification of FLSA Off-the-Clock Case

Those familiar with collective action litigation are already familiar with the two-step paradigm most courts use to evaluate collective action claims…

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 6 Sep 2018

Voluntary Dismissal Cannot Un-ring the Bell of § 315(b)’s Time Bar

In Click-to-Call Technologies, LP v. Ingenio, Inc. the en banc Federal Circuit addressed for the first time whether a petition was time barred under…

Latham & Watkins LLP | USA | 23 Aug 2018

En Banc Federal Circuit Overturns PTAB’s IPR Time-Bar Ruling

Accused patent infringers may be time-barred by service of a complaint in a lawsuit that was later voluntarily dismissed without prejudice. Key…
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