In Loper Bright Enterprises v. Raimondo, the US Supreme Court expressly overruled the doctrine of deferring to an agency’s interpretation of allegedly ambiguous statutory language initially articulated in Chevron U.S.A. Inc....more
The US Court of Appeals for the Tenth Circuit recently held in Pharmaceutical Care Management Association (PCMA) v. Mulready that the Employee Retirement Income Security Act (ERISA) and Medicare Part D preempted several...more
McDermott Will & Emery’s Michael B. Kimberly, Sarah P. Hogarth and Andrew C. Liazos, are co-counsel on a petition for certiorari before the Supreme Court of the United States on behalf of the ERISA Industry Committee (ERIC)....more
Last week, the Lancaster County District Court granted the state’s motion to dismiss in COST v. Nebraska Department of Revenue. COST brought this declaratory judgment action to invalidate GIL 24-19-1, in which the department...more
Addressing the standard for mootness in inter partes review (IPR) proceedings following a district court noninfringement judgment, the US Court of Appeals for the Federal Circuit held that a petitioner’s IPR appeal was moot...more
Addressing the standard of review for attorneys’ fee awards under the Lanham Act, the US Court of Appeals for the Fifth Circuit applied Highmark’s abuse-of-discretion standard, affirmed the district court’s exceptional-case...more
Addressing whether a district court properly dismissed a Lanham Act case as a sanction for failure to timely file an amended complaint, the US Court of Appeals for the Ninth Circuit concluded that the dismissal sanction was...more
3/7/2019
/ Abuse of Discretion ,
Amended Complaints ,
Appeals ,
Dismissals ,
Failure To State A Claim ,
Federal Rule 12(b)(6) ,
Lanham Act ,
Likelihood of Confusion ,
Nominative Fair Use Doctrine ,
Remand ,
Trademark Litigation ,
Trademarks
Addressing the requisite minimum contacts for personal jurisdiction over a patent owner, the US Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement declaratory judgment action and related...more
Addressing whether the district court correctly found a likelihood of confusion as a matter of law between two “identical” logos arranged around a stylized bird, the US Court of Appeals for the Fifth Circuit affirmed the...more
Addressing the standard for imposing fee and cost awards against counsel, the US Court of Appeals for the Federal Circuit reversed the district court’s award holding the patent owner’s lawyers jointly and severally liable for...more
ERISA broadly preempts state laws that “relate to” ERISA-governed employee benefit plans to ensure a uniform federal regulatory scheme and to relieve ERISA plans from the burdens of satisfying a patchwork of state laws....more
Addressing whether a defendant could obtain relief from a $100 million default judgment in a lawsuit it deliberately ignored, the US Court of Appeals for the Fifth Circuit affirmed a district court’s refusal to find the...more
Addressing whether a defendant waived submission of its invalidity counterclaims to a jury by failing to object to the verdict form submitting invalidity as an affirmative defense, the US Court of Appeals for the Federal...more
Addressing whether federal courts may go outside the pleadings when ruling on a motion to dismiss premised on foreign law, the US Court of Appeals for the Ninth Circuit clarified that the content of foreign law is a “question...more