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Patent Law at the Supreme Court February 2022

Patently O

Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. Still, there are a number of important patent cases pending before the court. 21-746 (CVSG requested February 22, 2022). 2022)(forthcoming). Lets talk them through. Qualcomm Incorporated , No.

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Would I FIE to You? FDA’s First Interchangeable Exclusivity Determination Results in Expiration

FDA Law Blog

In other words, FDA needed to determine whether the initial biosimilar litigation—pre-interchangeable supplemental approval—counts towards the FIE expiration date calculation. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation.

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Where’s Waldo: Global Discovery and Finding a Corporation

Patently O

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.

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Estoppel; Pre-SAS Partial Institution Cases; and Rethinking Caltech

Patently O

In its 2022 Caltech decision, the Federal Circuit overturned its prior Shaw precedent and found that the estoppel broadly applies to all claims challenged in an IPR and all grounds “which reasonably could have been asserted” against the petitioned claims. 2022) (“Caltech”). 2022) (“Caltech”).

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The late-May calendar is another 9-case blockbuster

At the Lectern

California Commerce Club : Does California’s test for determining whether a party has waived its right to compel arbitration by engaging in litigation remain valid after the United States Supreme Court decision in Morgan v. 2022) _ U.S. _ [142 S.Ct. The court granted review in August 2022. Sundance, Inc.

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SCOTUS Clarifies Reach of FAA Exemption for Transportation Workers

Constitutional Law Reporter

105 (2001), the Supreme Court recognized that §1 is limited to transportation workers. The Court revisited the scope of the residual clause in Southwest Airlines Co. 450 (2022). All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” Adams , 532 U.S.

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SCOTUS Issues First Opinion of the Term

Constitutional Law Reporter

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling.

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