2020 Court Decisions Litigating Statute 
ClimateChange-ClimateLaw
DECEMBER 11, 2020
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. DECISIONS AND SETTLEMENTS. By Margaret Barry and Korey Silverman-Roati. and non-U.S. WildEarth Guardians v. Bernhardt , No.
FDA Law
SEPTEMBER 29, 2021
Department of Health and Human Services (“HHS”), which reported that discounted purchases totaled $38 billion in 2020, a 27% increase compared to 2019. HRSA based its opinion on the statute and agency precedents over the last 25 years. Drug Manufacturers Fight Back Against Proliferation of Contract Pharmacy Arrangements. Becerra , No.
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Patently O
FEBRUARY 24, 2022
Qualcomm , a case focusing on appellate standing following an IPR final written decision favoring the patentee. The statute indicates that any party to an IPR final-written-decision has a right to appeal. Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury.
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. The standard today is that prior to trial the litigating parties will share “mutual knowledge of all relevant facts.” ” Hickman v.
Patently O
AUGUST 18, 2022
Accused infringers also prefer IPRs because they effectively bifurcate the trial between validity and infringement, with the IPR validity questions being decided first while infringement litigation is stayed. The result is that the IPRs are also a low risk option for accused infringers since no liability attaches from that decision.
Conflict of Laws
MAY 17, 2023
There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.
Patently O
SEPTEMBER 21, 2022
You’ll recognize Click-to-Call from the 2020 Supreme Court decision finding institution decisions ordinarily not judicially reviewable. 1367 (2020) (Thryv is a DBA name of Ingenio). Once the IPR concluded, district court litigation restarted, focusing on claim 27. But, lets look at the statute.
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