Patently O

MARCH 3, 2022

In 2021, the Supreme Court sided with the patentee in holding that the AIA trial system violated the Appointments Clause of the U.S. The Court concluded that PTAB judges were wielding the substantial power of the U.S. Oral arguments in this round of the appeal are set for March 30, 2022. by Dennis Crouch. Arthrex, Inc.

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Statute Court Decisions Court Laws 61

Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling.

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Statute Diligence Court Constitutional Law 52

Constitutional Law Reporter

MAY 10, 2023

Supreme Court has concluded its oral arguments for the 2022-2023 Term. The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. Below is a brief summary of the issues before the Court: Lac du Flambeau Band of Lake Superior Chippewa Indians v. 2d 1112, 1115 (7th Cir.

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Government Statute Court Legal 59

Patently O

SEPTEMBER 21, 2022

The PTAB is the busiest patent court in the country. The Board cancels lots of patent claims, but also regularly sides with patentees in the Final Written Decision (at least as to some claims). 2022) (“Caltech”). 2022) (“Caltech”). by Dennis Crouch. ” 35 U.S.C. California Inst. 1348 (2018).

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Statute Construction Court Litigation 56

SCOTUSBlog

JUNE 29, 2022

It may have been Justice Clarence Thomas’s 74th birthday, but he was the one delivering gifts on June 23, 2022. This holding restored the right to bear arms across the country and gives hope that many other firearm restrictions — including several that have previously been upheld by courts — will be repealed or held unconstitutional.

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Government Court Laws Statute 124

FDA Law Blog

JANUARY 11, 2024

With the ambiguity of the statutory text, FDA looked at the plain language, context, and the structure and purpose of the statute—including both parties’ positions on those points. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation. mL was approved on March 18, 2022. mL and 20 mg/0.4

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Litigation Litigating Statute Manufacturing 59

Patently O

FEBRUARY 10, 2022

The district court says sided with the patentee and a jury awarded $1.2 On appeal, however, the Federal Circuit has reversed–holding that the Eddings letter constituted a “commercial offer for sale of the claimed design” and therefore created a bar to patentability under the statute. by Dennis Crouch. Larry Junker v.

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Contract Manufacturing Statute Contract Law 76

FDA Law Blog

NOVEMBER 30, 2022

Last month the United States Court of Appeals for the Second Circuit affirmed the district court’s decision to dismiss a False Claims Act (FCA) ( 21 U.S.C This blog will continue to monitor how DOJ and the courts analyze the intersection between the FDCA and the FCA.

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Manufacturing Healthcare Contract Government 72

Diane Drain

DECEMBER 31, 2020

It is possible that these interpretations of the new Act will change with new legislation or court decisions, so never assume what you read one day will be interpreted the same way the next day. This provision, if it becomes effective, will sunset on December 27, 2022. Below are brief descriptions of each of these amendments.

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Small Business Contract Statute Government 104

Patently O

OCTOBER 5, 2022

Courts to obtain discovery in order to facilitate foreign litigation; with the pending global litigation between Eli Lilly and Novartis serving as our key example. Although most international civil courts offer some access to discovery, no other country has as extensive or powerful of a process. by Dennis Crouch. But, the U.S.

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Litigation Litigating Statute Court 60

Conflict of Laws

AUGUST 30, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp.

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Drafting Laws Litigation Litigating 97

Patently O

SEPTEMBER 16, 2022

Unfortunately, the PTA statute is not a model of clarity and has been the subject of numerous court battles over various quirky elements. The provision at issue in Sawstop has to do with PTA added for PTAB appeals and district court challenges. by Dennis Crouch. Vidal , — F.4th 4th — (Fed. 154(b)(1)(C)(iii).

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Statute Court Court Decisions Technology 61

Conflict of Laws

JANUARY 11, 2024

This interesting case comment has been kindly provided to the blog by Nicolás Zambrana-Tévar , LLM, PhD, KIMEP University The United States Court of Appeals for the Ninth Circuit has found in favor of Spain as defendant in a property case spanning several decades.

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Statute Laws Court Court Rules 44

Patently O

AUGUST 18, 2022

August 17, 2022). In a strategic decision Ingenio did not seek remand for full institution to try to also catch the one remaining claim 27. On remand, the district court judge (Yeakel, W.D.Tex.) The district court clearly erred in its decision by analyzing the argument as only raising issue preclusion.

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Litigation Litigating Court Statute 73

The Crime Report

JUNE 23, 2022

Report authors highlighted a recent Supreme Court decision in Canada. This month in a landmark decision in R v Bissonnette , the Canadian Supreme unanimously ruled life without parole sentences unconstitutional on the basis that sentences that extend beyond a person’s natural ability to outlive them are cruel and unusual punishments.

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Statute Court Decisions Court 142

Conflict of Laws

APRIL 4, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

SEPTEMBER 1, 2022

The revision of this regulation, which will enter into force on 1 July 2022, provides an opportunity to examine the current and future rules by taking the example of the international service of writs of summons. Courts are struggling with the right approach to the relevant rules. van Calster: Lex ecologia.

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Contract Tort Procedural Law Court 10

Conflict of Laws

FEBRUARY 15, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp.

Drafting 40

Drafting Laws Litigation Litigating 40

FDA Law Blog

APRIL 16, 2024

Under the Medicaid Drug Rebate statute, a pharmaceutical manufacturer whose drug prices increase faster than the rate of inflation must pay additional per-unit rebates to the program. The statute defines a “line extension” as a “new formulation” of an existing drug, with certain exceptions. Vanda Pharmaceuticals, Inc. 23-1457 (4th Cir.

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Manufacturing Statute Court Decisions Court 59

Conflict of Laws

SEPTEMBER 28, 2022

Update of 28 September 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

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Drafting Laws Litigation Litigating 40

SCOTUSBlog

FEBRUARY 21, 2022

Tribal courts are often the only immediately available forum to address violent crime in Indian Country, but the sentences they can impose are extremely limited and often insufficient. Denezpi was sentenced to 140 days by the Court of Indian Offenses pursuant to that plea, time he had already served in custody. .

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Court Government Statute Laws 107

Conflict of Laws

AUGUST 31, 2022

Update of 31 August 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

Update of 7 June 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Bibliography.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

APRIL 20, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 20 April 2022: New entries are printed bold. Åkerfeldt, Xerxes. Amurodov, Jahongir.

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Drafting Laws Litigation Litigating 52

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

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Court Government Litigation Litigating 55

FDA Law Blog

FEBRUARY 27, 2024

Part 1: Multiple PTEs Under the PTE statute at 35 U.S.C. § For years after the enactment of the Hatch-Waxman Amendments the PTO interpreted the PTE statute to permit multiple PTEs, provided there are separate, but not necessarily different, regulatory review periods. 2020) , has not yet—and to our surprise—ended up in court.

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Statute Court Decisions Court Laws 59

Conflict of Laws

JANUARY 11, 2022

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. Update of 12 January 2022: New entries are printed bold. A Guide to Global Private International Law”, Oxford 2022, forthcoming.

Drafting 52

Drafting Laws Litigation Litigating 52

Constitutional Law Reporter

AUGUST 2, 2023

Supreme Court struck down the Biden Administration’s student loan forgiveness program. In 2022, as the COVID–19 pandemic came to its end, the Secretary invoked the HEROES Act to issue “waivers and modifications” reducing or eliminating the federal student debt of most borrowers. In Biden v. Nebraska , 600 U.S. _ (2023), the U.S.

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Court Education Constitutional Law Drafting 52

Conflict of Laws

FEBRUARY 16, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 16 February 2022: New entries are printed bold. Åkerfeldt, Xerxes. rs-953987/v1 ).

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Drafting Laws Litigation Litigating 52

Conflict of Laws

NOVEMBER 23, 2021

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022 , planned to be taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. A Guide to Global Private International Law”, Oxford 2022, forthcoming.

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Drafting Laws Litigation Litigating 52

Patently O

MARCH 24, 2022

Hirshfeld has the legal power to fulfill the expanded job as required by the Supreme Court’s decision. Guest post by Nina Mendelson , Following one Supreme Court decision posing dangers for the integrity of all sorts of agency adjudication, the ongoing litigation in Arthrex v. — Dennis Crouch.

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Statute Court Litigation Litigating 76

Conflict of Laws

DECEMBER 7, 2021

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. A Guide to Global Private International Law”, Oxford 2022, forthcoming. Balbi, Francesca. “La Biresaw, Samuel Maigreg.

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Drafting Laws Litigation Litigating 52

Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. District Court for the District of Delaware. 2023-1795 (Fed.

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Contract Court Statute Court Decisions 62

FDA Law Blog

JUNE 2, 2023

Price Transparency Surveys The MDRP statute requires manufacturers to submit only three prices: average manufacturer price (AMP), best price, and nominal prices. Absent from the statute is any requirement to report information on manufacturer costs and price setting. that is not supported by the statute and applicable regulations.”

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Manufacturing Statute Government Calendaring 59

Constitutional Law Reporter

JUNE 9, 2022

Garland , 596 U.S. _ (2022), the U.S. Supreme Court held that federal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings enumerated under 8 U.S.C. On rehearing, the en banc court agreed with the panel. Majority Decision.

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Immigration Court Statute Government 52

ClimateChange-ClimateLaw

OCTOBER 20, 2020

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.

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Court Government Compensatory Damages Litigation 72

Broadcast Law Blog

DECEMBER 23, 2022

With the holidays upon us and the end of the year fast approaching, the FCC took care of one piece of business required by statute as it released a Public Notice announcing the start of the 2022 Quadrennial Review of the FCC’s ownership rules.

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Statute Court Decisions Technology Government 95