United States

Barbara Grzincic

IN BRIEF: Askeladden survives second swipe at PTAB’s ruling on e-banking patent

6:08am EDT

The U.S. Court of Appeals for the Federal Circuit on Friday declined to reconsider its decision for Askeladden, the patent-litigation subsidiary of a consortium of 25 large banks, in a challenge to Verify Smart Corp’s patent on multifactor authentication for electronic-banking transactions.

BIO to Federal Circuit: Use Amarin case to pick a test for patent obviousness 

Oct 21 2020

The Biotechnology Innovation Organization on Tuesday urged the U.S. Court of Appeals for the Federal Circuit to grant en banc review of a panel decision that invalidated six patents on Amarin Pharma’s leading product, Vascepa, and opened the door to generic competition by Hikma Pharmaceuticals and Dr. Reddy’s Laboratories.

Whistleblower law did not cover GM mechanic’s report of defective process - 8th Circuit

Oct 16 2020

A law that bars retaliation against automotive workers for reporting motor-vehicle defects did not protect a GM quality-control mechanic who reported that his co-workers had falsely certified that they had repaired those defects, a divided appeals court held Thursday.

6th Circuit revives DaVita’s dialysis-discrimination suit against ERISA plan

Oct 15 2020

A divided federal appeals court on Wednesday revived DaVita Inc’s lawsuit against an employee-benefits health plan and its administrator, alleging that they discriminate against dialysis centers and patients with end-stage renal disease (ESRD) in an effort to get the patients to switch to Medicare.

IN BRIEF: Formosa Plastics sues Chubb for coverage of $50 mln water-pollution settlement

Oct 13 2020

New Jersey-based Formosa Plastics USA and its Texas subsidiary sued Chubb’s ACE American Insurance unit on Tuesday, alleging the insurer breached its pollution-liability policy by refusing to cover Formosa’s $50 million settlement with the San Antonio Bay Estuarine Waterkeeper in Texas last year.

NYU, workers to battle in 2nd Circuit over retirement-plan fees, judge’s fealty

Oct 13 2020

The 2nd U.S. Circuit Court of Appeals will hear argument Wednesday in a case involving a university’s duties to retirement-plan participants as well as a judge’s duties to litigants once she decides to return to private practice.

Antenna patent dispute gets poor reception at Federal Circuit

Oct 07 2020

A federal appeals court had harsh words for both sides Wednesday in a patent-infringement case involving a portable antenna positioner, saying the parties jointly led the district court “down a wrong, and possibly unnecessary, path” with “confusing and potentially meritless theories” and “critical omissions” about the facts and an absent party.

IN BRIEF: Judge hits Aetna with $15K in fees for ‘culpable’ nonpayment of $64

Oct 05 2020

A woman who convinced Aetna to reimburse her $64.32 for prescription drug purchases is entitled to $15,000 in attorneys’ fees, but not the additional benefits or $111,000 in fees she sought, U.S. District Judge Richard Andrews ruled Monday in Manhattan.

IN BRIEF: No confusion, no trademark counterfeiting claim, opines 9th Circuit

Oct 01 2020

A claim of trademark counterfeiting, like a claim of trademark infringement, requires the accuser to show a likelihood of confusion between the two products, the 9th U.S. Circuit Court of Appeals held Thursday in a case of first impression for the circuit.

California chemical companies can sue insurer over choice of lawyer - judge

Sep 30 2020

A federal judge in California on Wednesday let two chemical companies move ahead with their lawsuit accusing United National Insurance Company of breaching its duty to defend them in environmental litigation with the city of Los Angeles by refusing to pay their chosen attorneys at Latham & Watkins.

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