Tag Archives: Circuit

Bayer v. Belmora: 4th Circuit, FLANAX Round 2

The district court properly found that each of Bayer’s claims concerning the FLANAX trademark were barred by the applicable limitations period in California, which applies because of Bayer’s original filing in California. … The post Bayer v. Belmora: 4th Circuit, … Continue reading

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District Court Grants Supplemental Motion for Award of Attorneys’ Fees after Federal Circuit Affirms Dismissal on Appeal

After the district court dismissed plaintiff’s patent infringement claims, finding the patents directed to patent-ineligible subject matter, and awarded attorneys’ fees based on the exceptional case doctrine, the Federal Circuit affirmed both determinations. The defendant filed a supplemental motion for … Continue reading

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Three Circuit Split on Interpretation of the False Claim Act’s Statute of Limitations to be Decided by Supreme Court

The False Claims Act (FCA) was enacted in 1863 to stop the massive fraud perpetrated by large contractors during the Civil War.  The FCA has gone through many iterations since its enactment.  Relevant here, the FCA allows a private plaintiff, … Continue reading

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Fifth Circuit Affirms Exclusion of Offshore Employee’s Drug Test Evidence and Substantial Jury Award

In a recent admiralty and maritime case, Hale v. Wood Grp. PSN, Inc., No. 18-31090, 2019 WL 1773276, at *2 (5th Cir. Apr. 22, 2019), the Fifth Circuit affirmed the exclusion of a drug test as evidence pertaining to Plaintiff, … Continue reading

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Second Circuit Judges Brawl Over the Meaning of “Volition” in Copyright Cases–BWP v. Polyvore

This is an appeal of a summary judgment ruling in favor of Polyvore, an image clipping and sharing site, also known as a “mood board” app. (The site itself was acquired and, as the court notes, is now shut down.) … Continue reading

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