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United States: Murky Waters: Post-Approval Regulatory Activities And The § 271(e)(1) Safe Harbor - Fenwick & West LLP

On January 14, 2013, the U.S. Supreme Court refused to consider the U.S. Court of Appeals for the Federal Circuit's exclusion in Classen Immunotherapies, Inc. v. Biogen IDEC, 659 F.3d 1057 (Fed. Cir. 2011), of post-approval regulatory activity from the safe harbor established by 35 U.S.C. § 271(e)(1).

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United States: Supreme Court Ruling Reverses Bad 9th Circuit Precedent On CAFA - Sheppard Mullin Richter & Hampton

On March 19, 2013, the U.S. Supreme Court handed down Standard Fire Insurance v. Knowles, a short, narrow, and unanimous opinion addressing removal of class actions to federal court under the Class Action Fairness Act ("CAFA").

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United States: The Material Impact Of The Amgen Decision On D&O Insurance - Cozen O'Connor

In "Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds" the U.S. Supreme Court affirmed the U.S. Court of Appeals for the 9th Circuit’s ruling that a securities class action plaintiff need not prove materiality of alleged misrepresentations or misleading omissions as a prerequisite to class certification.

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United States: Under Illinois Law, Failure To Assert Patent-Based Defenses In Contract Cases May Have Preclusive Effect In Later Related Actions - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In Cummins, Inc. v. TAS Distributing Co., No. 10-1134 (Fed. Cir. Dec. 5, 2012), the Federal Circuit, applying Illinois law, held that res judicata bars invalidity and unenforceability defenses under 35 U.S.C. §§ 102 and 103 when those defenses could have been raised in prior litigation featuring the same parties, arising from the same group of operative facts, and resulting in a final resolution on the merits.

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United States: Eighth Circuit Upholds Collective Action Waiver In Arbitration Agreement - Pierce Atwood LLP

The U.S. Supreme Court’s 2011 decision in AT&T Mobility LLC v. Concepcion, upholding the enforceability of a class action waiver in a consumer arbitration agreement, was applauded by employers, who initially (reasonably) assumed that Concepcion paved the way for class action waivers in employment agreements.

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