News & Analysis as of

Joinder

Fitch, Even, Tabin & Flannery LLP

IP Alert: USPTO Proposes New Rules for AIA Trial Practice

On April 18, the USPTO announced a Notice of Proposed Rulemaking (“Notice”), which sets forth proposed rules affecting AIA trial proceedings for public comment. These proposed rules relate primarily to how the Patent Trial...more

Akin Gump Strauss Hauer & Feld LLP

Termination of IPR Proceeding on the Eve of Final Written Decision Dooms Joinder Attempt

The Patent Trial and Appeal Board has denied institution and joinder of an inter partes review petition after determining that the petition was not only time-barred but that joinder was also foreclosed. In making its...more

Snell & Wilmer

Important Arbitration Update: 2024 Amendments to the AAA Construction Industry Arbitration Rules

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On March 1, 2024, the American Arbitration Association (the “AAA”) amendments to its Construction Industry Arbitration Rules (the “Rules”) became effective. The newly amended Rules seek to modernize aspects of the arbitration...more

Hinch Newman LLP

Insurance Lead Generation Industry Beware: Court Rules Insurer Vicariously Liable for Actions of Independent Contractors and...

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Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors...more

Proskauer - California Employment Law

Dismissal of Representative PAGA Claim Vacated Following Adolph v. Uber Techs.

Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) - The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of...more

Erise IP

Eye on IPRs, March 2024: PTAB’s Claim Construction of Cooling Patent is Hot Issue, SCOTUS Won’t Hear IPR Joinder Challenge

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Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Cooling Patent Restored by Federal Circuit Over PTAB’s Claim Construction - ...more

Goodwin

PTAB Institutes Celltrion and Biocon IPRs on Regeneron Aflibercept Dosing Patent

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Late last month, a Patent Trial and Appeal Board (“PTAB”) panel instituted two petitions that were filed separately by Celltrion and Biocon for inter partes review (“IPR”) of Regeneron’s U.S. Patent 11,253,572 (“the ’572...more

Vondran Legal

BMI Files Multiple Music Infringement Cases in Arizona District Court

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This blog is written by Arizona copyright lawyer Steve Vondran. Vondran Legal has handled hundreds of federal court litigation cases since its founding in 2004. One important area we practice is restaurant IP law, which...more

McDermott Will & Emery

Keep Calm and Party On: New Issue Prohibition Doesn’t Apply to Motions to Amend

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The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board obviousness determination, explaining that inter partes review (IPR) statutory provisions that prohibit an otherwise time-barred party...more

Venable LLP

EYLEA® (aflibercept) and Soliris® (eculizumab) IPR Updates

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On December 8, 2023, the PTAB instituted three of Samsung Bioepis’s pending IPRs against Alexion’s Soliris® (eculizumab), IPR2023-00933, IPR2023-00998, and IPR2023-00999. The challenged patents include composition of matter,...more

Winstead PC

Texas Supreme Court To Review Joinder Issue In A Trust Dispute

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In In re Tr. A & Tr. C, Established Under Bernard L. & Jeannette Fenenbock Living Tr. Agreement, Dated Mar. 12, 2008, a co-trustee of a family trust transferred stock from the trust to her personal trust and then sold the...more

Vondran Legal

Make sure the is proper STANDING for a federal copyright infringement action

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In every court case, a Plaintiff is required to establish that they are the "real party in interest" that suffered a "discrete and concrete injury." In a copyright case, this can get complicated with all the photo agency...more

Jones Day

PTAB Applies General Plastic Factors to Serial Petitions Seeking Joinder

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In February 2023, T-Mobile USA, Inc. (“T-Mobile”) filed petitions requesting four inter partes reviews (“the T-Mobile IPRs”)—two of which challenged U.S. Patent No. 8,630,234 and two of which challenged U.S. Patent No....more

Ballard Spahr LLP

Credit union intervenors join motion for preliminary injunction filed by community bank intervenors in Texas lawsuit challenging...

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Rally Credit Union, the Credit Union National Association, and Cornerstone Credit Union League (Credit Union Intervenors) have filed a joinder to the motion for preliminary injunction filed by Texas First Bank, Independent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senator Coons And Co-Sponsors Introduce the PREVAIL Act

In addition to his efforts regarding patent subject matter eligibility law (see "Senate Bill Proposed to Provide Subject Matter Eligibility Solution", co-sponsored with Senator Tillis), Senator Coons, joined by Senators...more

WilmerHale

Federal Circuit Patent Watch: Federal Circuit Affirms Decision to Impose Discovery Sanctions Against Defendant for Late Disclosure...

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Precedential Federal Circuit Opinions - 1.  ADASA INC. v. AVERY DENNISON CORPORATION [OPINION] (2022-1092, 12/16/2022) (Moore, Hughes, and Stark) - Moore, C.J. The Court affirmed in part, vacated in part, and remanded...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Class Questions

This week, the Ninth Circuit digs into class certification standards for Title IX cases. A.B. AND A.M.B. V. HAWAII STATE DEPARTMENT OF EDUCATION - The Court holds that a putative class action by female student...more

Jones Day

PTAB Denies Joinder Motion Filed More One Month After PGR Institution

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Typically, a Motion for Joinder to an earlier post-grant review (“PGR”) must be filed within one month of the institution of the earlier PGR. 37 C.F.R. § 42.222(b).While the Patent Trial and Appeal Board (“PTAB”) does have...more

Jones Day

Joinder Denied For Petitioner Whose Invalidity Case Was Dismissed With Prejudice

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In the PTAB’s recent decision in Code 200 v. Bright Data Ltd., IPR2021-01503, Paper No. 13 (PTAB Mar. 14, 2022), the PTAB expounded upon the circumstances in which joinder of a “me-too” case under § 315(b) was not...more

Law School Toolbox

Law School Toolbox Podcast Episode 321: Listen and Learn -- Intervention, Impleader, and Class Action Lawsuits (Civ Pro)

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Welcome back to the Law School Toolbox podcast! Today we're focusing more on Joinder, or who can and who must be party to a civil lawsuit. In particular, we look at intervention, impleader (or third-party action), and class...more

Conyers

Divorcing the In-Laws: Marital Disputes and Their Effect on Wider Family Finances

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In most cases, a marriage represents the joining of two families, rather than simply the two individuals who take vows. It is perhaps unsurprising therefore that the emotional fallout of a divorce can similarly involve the...more

Conyers

Private Client & Trust Bulletin – Fall 2021

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Welcome to the sixth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. This edition features articles on offshore...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 153: Listen and Learn -- More Types of Joinder (Civ Pro)

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Welcome back to the Bar Exam Toolbox podcast! Today's episode is the second part of our discussion of joinder. In particular, we look at intervention, impleader (or third-party action), and class actions. We previously...more

Conyers

Trust and Estates Law & Tax Journal Article – When can an offshore court act as an auxillary court?

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Offshore: What is appropriate? Robert Lindley and Wesley O’Brien discuss cases where offshore family courts act as auxiliaries to those onshore - Generally, for a foreign judgment to be capable of enforcement in an...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 145: Listen and Learn -- Permissive Joinder and Required Joinder

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Welcome back to the Bar Exam Toolbox podcast! Today in our "Listen and Learn" series, we're dealing with another topic from civil procedure. In particular, we discuss two of the five types of joinder -- permissive and...more

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