Intellectual Property Law News and Insights

PTAB Designates Precedential Decision Relating To Infringer’s Civil Action Barring IPR

Published: Oct 22, 2019
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The PTAB designated as precedential a January 2019 panel decision relating to the bar on instituting an IPR under 35 U.S.C. § 315(a)(1) when the petitioner previously filed a civil action challenging the validity of the patent. See Cisco Systems, Inc. v. Chrimar Systems, Inc, IPR2018-01511, Paper 11 (PTAB Jan....

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Eleventh Circuit Finds Difference Of Opinion Not Enough For An FCA Claim

Published: Oct 20, 2019
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Today's case doesn't involve prescription drugs or medical devices. But it is a circuit court opinion that we thought warranted bringing to the attention of our readers who deal with False Claims Act ("FCA") claims. We've discussed FCA claims as an "awkward vehicle" in pharmaceutical cases here and we hold...

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Federal Court Certifies Class In Multiple-Plan ERISA Challenge To Health-Plan And Retirement-Plan Fees

Published: Oct 18, 2019
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A Texas federal court certified a class in case brought by participants in one plan, and allowed those participants to represent participants in unaffiliated plans. The claims alleged that the defendants, who marketed and provided services to all of the plans, breached fiduciary duties by imposing excessive fees. See Chavez,...

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