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Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).

Day on Torts

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. Rock Creek Construction, Inc. , months after oral arguments in this case.

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Supreme Court on Patent Law: November 2023

Patently O

Vidal (No 23-135): This case challenges the “ Fintiv rule” that restricts the initiation of inter partes review in cases where parallel district court litigation is pending. 23-315): This case questions the Federal Circuit’s interpretation of time limits for joining IPR partes. Traxcell Techs.

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The drop in straight grants is indeed not permanent — Part I

At the Lectern

Division Two reasoned that “burdening the excess insurers with prematurely litigating coverage issues before exhaustion upsets insurers settled expectations.” The First District, Division Two, published opinion held in favor of two excess insurance companies because underlying insurance had not yet been exhausted.

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Obviousness and Pharmaceutical Method of Treatment Claims

Patently O

In the ensuing Hatch-Waxman litigation, Teva stipulated to infringement but challenged the patent on obviousness and indefiniteness grounds. In its analysis here, the Federal Circuit focused on claim construction, and particularly the singular “a” patient requirement in the claims.