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Dismissals Appeals Claim Preclusion

McDermott Will & Emery

One Bite at the Apple Where State and Federal Jurisdiction Is Concurrent

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit upheld a federal district court’s dismissal of a case on res judicata grounds after a state court issued a decision on different claims but had concurrent jurisdiction over the...more

McDermott Will & Emery

Fourth Estate Redux: Dismissal for Lack of Registration Not on the Merits

McDermott Will & Emery on

In the latest development of a complicated eight-year court battle regarding a copyright infringement claim, the US Court of Appeals for the First Circuit vacated and remanded the district court’s dismissal on claim...more

McDermott Will & Emery

Not on the Merits: Claim Preclusion Doesn’t Bar Inducement Claims After Direct Infringement Case

McDermott Will & Emery on

Applying Seventh Circuit law to determine whether the dismissal of patent infringement claims should be upheld on the basis of claim preclusion, the US Court of Appeals for the Federal Circuit reversed a district court ruling...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Finds No Alternative Holding in District Court Opinion and Rejects Appeal

On April 20, in Sebela Ireland v. Prinston Pharmaceutical, the Federal Circuit held that Sebela’s appeal challenged only contingent patent invalidity findings and dismissed the appeal for lack of constitutional standing. In...more

McDermott Will & Emery

Copyright Infringement Claims Precluded by Plaintiff’s Own Patent Lawsuit

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the district court’s dismissal of claims of copyright infringement, violation of the Digital Millennium Copyright Act (DMCA) and breach of...more

A&O Shearman

Second Circuit Affirms Dismissal Of Putative Class Action As Precluded By SLUSA

A&O Shearman on

On August 17, 2018, the United States Court of Appeals for the Second Circuit affirmed the dismissal of a putative class action asserting breach of contract and tort claims against the managers, auditors, consultant, and...more

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