Recent Trends in Class-Action Consumer Finance Litigation - The Consumer Finance Podcast
In Wings Platinum, LLC v. Westchester Surplus Lines Ins. Co., No. 3:23-CV-2145-D, 2025 WL 391388 (N.D. Tex. Feb. 4, 2025), a federal district court recently held that an engineer with one year and one month of experience...more
In an October 3 decision, U.S. District Judge Thomas S. Ellis III granted a motion to transfer venue of a patent case brought in the EDVA to California under 28 U.S.C. § 1404(a). Monarch Networking Solutions LLC .v Juniper...more
On September 7, 2022, the Court of Appeals for the Federal Circuit issued a precedential opinion in Arendi S.A.R.L v. LG Electronics, Inc., offering an important reminder to patent litigators of the necessity of following the...more
In a series of related inter partes review proceedings, the Patent Trial and Appeal Board recently granted a petitioner’s motion to strike the sworn affidavit of a witness who was unwilling to submit to cross-examination. In...more
Patent Owner (Provisur Technologies) requested authorization to file a motion to strike portions of Petitioner’s (Weber, Inc.) Reply and certain evidence submitted therewith, which Petitioner opposed. Patent Owner argued...more
Rule 42.23(b) is clear, “A sur-reply may only respond to arguments raised in the corresponding reply and may not be accompanied by new evidence other than deposition transcripts of the cross-examination of any reply...more
We are all aware of the Illinois Immunity Orders put in place to provide protections for health care providers related to care and treatment of patients during the COVID-19 pandemic. A recent federal court opinion suggests...more
By Memorandum Order entered by The Honorable Leonard P. Stark in 3Shape A/S v. Align Technology, Inc., Civil Action No. 18-886-LPS (D.Del. February 1, 2021), the Court overruled the objections of Plaintiff 3Shape contending...more
Did a trial court err in excluding evidence of subsequent formal diagnosis of autism when potentially alternative cause of current condition of minor? Julien Florez v. Northshore University Healthsystem d/b/a Evanston...more
In litigation, the term “spoliation” generally refers to loss or destruction of evidence. Spoliation can involve physical evidence, paper documents, or electronic data. Spoliation can be intentional or unintentional....more
A district court has denied a patent owner’s motion to strike wholesale a defendant’s affirmative defense of invalidity. The key issue in the motion to strike was the application of the estoppel provision of 35 U.S.C. §...more
In a recent order, ALJ Bullock indicated that it is unsettled whether evidence related to unreleased products can be used to establish that a domestic industry exists. As a result, he denied respondent’s motion to strike...more
The Patent Trial and Appeal Board held a Boardside Chat webinar on June 7, 2018, during which Administrative Patent Judges Justin T. Arbes and Kevin W. Cherry discussed motions to exclude and motions to strike in AIA trials. ...more
Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial Division applying one of those Rules, Rule...more
Janssen seeks leave to appeal to SCC regarding FCA decision upholding Minister of Health’s decisions relating to administrative drug submissions - As reported previously, on October 12, 2016, the Federal Court of Appeal...more
What is the ability of a litigant in the Commercial Division to use evidence located in the public records outside of the United States to re-open a New York court judgment? On December 7, 2016, in Alexander Gliklad v....more
AC34918 - Cuozzo v. Orange - AC34918 Dissent - Cuozzo v. Orange - This is a case where a little more effort should have gone into a Motion to Dismiss. The Appellate Court held that the Trial Court improperly...more