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This summer, the First Circuit revived a privacy class action based on debt collection practices. In Nightingale v National Grid USA Service Company, the district court granted summary judgment in favor of the defendants and...more
Addressing the scope of a magistrate judge’s Article III authority, the US Court of Appeals for the Eleventh Circuit vacated a judgment and remanded the case for a new trial because the magistrate judge performed...more
The U.S. Court of Appeals for the Third Circuit has recently underscored the fact that a plaintiff does not automatically gain Article III standing under the Fair Debt Collections Practices Act (FDCPA) simply because they are...more
Federal law assigns to U.S. district courts original jurisdiction over all cases under Title 11 (the Bankruptcy Code) and all civil proceedings arising under Title 11 or arising in or relating to Title 11. See 28 U.S.C. §...more
In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more
As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more
On October 28, 2022, the U.S. Court of Appeals for the Fourth Circuit in Alig v. Rocket Mortgage vacated and remanded for reconsideration a district court order certifying a class of mortgage borrowers, highlighting an...more
278-1. Federal Circuit Remands Patent Infringement Case to Answer Patent Ownership and License to Practice Questions - The Federal Circuit recently vacated a grant of summary judgment of non-infringement of a patent,...more
The Eleventh Circuit last week issued a common-sense ruling vacating class certification in a TCPA case—an area of the law where common sense does not always prevail. In Cordoba v. DIRECTV, LLC, No. 19-12077 (11th Cir. Nov....more
SANOFI-AVENTIS U.S., LLC v. FRESENIUS KABI USA, LLC - Before Lourie, Moore, and Taranto. Appeal from the United States District Court for the District of New Jersey. Summary: District courts lack the authority to...more
PATENT CASE OF THE WEEK - General Electric Co. v. United Techs. Corp., Appeal No. 2017-2497 (Fed. Cir. July 10, 2019) - The Case of the Week focuses on standing to bring an appeal of an adverse decision by the PTAB in...more
The Federal Circuit vacated and remanded a decision by the District Court for the Northern District of California when it failed to consider joining the patent owner before dismissing a case in which the licensee possessed...more
LONE STAR SILICON INNOVATIONS v. NANYA TECHNOLOGY CORPORATION - Before O’Malley, Reyna, Chen. Appeal from the Northern District of California. Summary: When a patent assignee does not acquire all substantial rights in...more
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more
PATENT CASE OF THE WEEK - Lone Star Silicon Innovations LLC v. Nanya Technology Corporation, Appeal No. 2018-1581, -1582 (Fed. Cir. May 30, 2019) - In the only precedential patent case this week, the Federal Circuit...more
In 2016, the United States Supreme Court issued a landmark opinion addressing Article III standing under the U.S. Constitution. See Spokeo v. Robins, ––– U.S. ––––, 136 S. Ct. 1540, 194 L.Ed.2d 635 (2016). The “standing to...more
The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more
In advance of the midterm elections scheduled for November 6, 2018, many states are preparing for, or have already completed, their primary elections. Meanwhile, voters and state officials in Wisconsin and Maryland have...more
On Monday the Supreme Court avoided deciding, once again, when, if ever, political gerrymandering violates the Constitution. In Gill v. Whitford, the Supreme Court was presented with startling evidence that Wisconsin...more
On June 18, 2018, the Supreme Court of the United States decided Gill v. Whitford, No. 16-1161, holding that where voters assert that a state’s legislative districts have been improperly gerrymandered, those voters lack...more
On May 16, 2016, the Supreme Court released its opinion in Spokeo v. Robins, vacating the Ninth Circuit’s decision and remanding the case for further proceedings. Our earlier posts on the case provide more detailed...more