News & Analysis as of

Administrative Law Judge (ALJ) Article III Standing

McDermott Will & Emery

Speculation of Harm Isn’t Standing: Not Every Adverse Board Decision Is Ticket to Appeal

McDermott Will & Emery on

After assessing whether a patent owner had standing to appeal the Patent Trial & Appeal Board’s final written decision, the US Court of Appeals for the Federal Circuit found no injury in fact to support Article III...more

Proskauer - Whistleblower Defense

Third Circuit Refuses to Enforce Preliminary Reinstatement Order Issued By OSHA

On October 15, 2024, the U.S. Court of Appeals for Third Circuit declined to enforce a preliminary reinstatement order issued by OSHA in favor of two purported whistleblowers under SOX, holding that the former employees lost...more

Ballard Spahr LLP

Citing Jarkesy, Asbury Automotive Group files suit challenging FTC administrative proceeding

Ballard Spahr LLP on

One of the country’s largest automotive retailers filed suit against the Federal Trade Commission (“FTC”) on October 4, arguing that the Supreme Court’s recent landmark decision in Securities and Exchange Commission v....more

Kilpatrick

5 Key Takeaways | Key Takeaways from the ITC Litigation and Enforcement Conference

Kilpatrick on

The ITC Keeps Changing in 2024. Aarti Shah of Kilpatrick co-chaired American Conference Institute’s ITC Litigation and Enforcement Conference in May, where many of these changes and trends were discussed....more

McDermott Will & Emery

Section 337 Doesn’t Require Article III Standing for Claimant but Claimant Must Be “Patentee”

The US Court of Appeals for the Federal Circuit vacated and remanded a district court’s grant of summary judgment, finding that the language used in an invention assignment clause was subject to more than one reasonable...more

Burr & Forman

The Assault on the SEC’s Administrative Citadel Continues

Burr & Forman on

A panel of the D.C. Circuit recently relied on Lucia and Cochran to enjoin a FINRA regulatory enforcement action pending appeal of an Appointments Clause challenge....more

Carlton Fields

Axon, Gibson, Jarkesy: Continuing Challenges to SEC’s Administrative Citadel

Carlton Fields on

Earlier this month, the U.S. Supreme Court issued a procedural decision that has the potential to dismantle the Securities and Exchange Commission’s ability to litigate cases administratively. On April 14, 2023, the Supreme...more

Woodruff Sawyer

The SEC’s Administrative Law Judges Under Fire

Woodruff Sawyer on

In addition to creating rules that govern both private and public companies, the Securities and Exchange Commission (SEC) uses an in-house, government legal system—Administrative Law Judges (ALJs)—to prosecute securities...more

Mintz - Antitrust Viewpoints

Body Camera Manufacturer Fails in Bid to Escape FTC Administrative Jurisdiction as Ninth Circuit Shows No Appetite for Judicial...

The FTC, and antitrust enforcement in general, are having their moment. For example, in early January the Supreme Court heard oral arguments in AMG Capital Management v. Federal Trade Commission, a case questioning the FTC’s...more

Troutman Pepper Locke

Federal Circuit Review - Issue 272

Troutman Pepper Locke on

272-1 Federal Circuit Holds a New Invalidity Challenge at the ITC is not a Change in Condition that Enables the ITC to review the Validity of a Patent or Rescind an Exclusion Order - The Federal Circuit (Court) recently...more

Mintz - Intellectual Property Viewpoints

International Trade Commission Clarifies the Intersection Between Litigation Funding Agreements and Standing

On April 18, 2018, the International Trade Commission (“Commission”) reversed an Administrative Law Judge’s (“ALJ”) finding that a litigation funding agreement destroyed standing for a complainant at the ITC. In Certain Audio...more

Robinson+Cole RLUIPA Defense

Rabbi Lacks Standing for some RLUIPA Claims, Says Federal Court

A federal court in Maryland has found that a rabbi was without standing to bring claims under RLUIPA’s nondiscrimination and equal terms provisions, since those claims can be brought only by an “assembly” or “institution.” ...more

Jones Day

Owning the Patent Isn’t Always Enough for Standing

Jones Day on

In a recent Initial Determination (“ID”), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred. Certain Audio...more

Hogan Lovells

Hogan Lovells ITC Section 337 Monthly Highlights

Hogan Lovells on

The latest news round-up from our Hogan Lovells ITC Section 337 practice, including a new section featuring "tips from the bench" by former ITC Judge Theodore (Ted) R. Essex. ...more

Troutman Pepper Locke

The 100-Day Program at the ITC

Troutman Pepper Locke on

In light of Audio Processing Hardware, it is now clear that, with respect to appeals of ITC 100-day program determinations, Commission determinations against a complainant are immediately appealable, while determinations in...more

Perkins Coie

Commission Holds FTC Unfairness Claim Does Not Require “Probable” or Tangible Injury in LabMD Data Security Case

Perkins Coie on

The Federal Trade Commission unanimously (3-0) ruled on July 29, 2016 that LabMD’s data security practices were “unfair” under Section 5 of the FTC Act, reversing a decision of its Administrative Law Judge (ALJ). As we...more

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