Episode 322 -- Checking in on Caremark Cases
The list of attorneys sanctioned for filing pleadings containing fictitious or materially inaccurate case citations (e.g., hallucinated case law) is growing by the day. ...more
In a qui tam action filed under the False Claims Act, the relator, Barbara Senters, appealed the district court’s dismissal of her fourth amended complaint (FAC), which alleged that Quest Diagnostics submitted false claims...more
Most uses of artificial intelligence in litigation carry great promise but little risk. That’s not the case with generative AI tools employed to draft legal pleadings. Despite the best efforts of courts and bar groups to...more
Patent owners and businesses should be prepared for yet another change to patent infringement litigation. In April 2015, the U.S. Supreme Court adopted Congress’s amendments to the Federal Rules of Civil Procedure, which went...more
Merus B.V. moved for dismissal, arguing the Federal Circuit created an “off-ramp” for patent cases by holding in K-Tech Telecomms., Inc. v. Time Warner Cable, Inc., 714 F.3d 1277 (Fed. Cir. 2013), that when the principles set...more
The United States Court of Appeals for the Third Circuit recently rejected the strict approach taken by many federal circuit courts to Federal Rule of Civil Procedure 9(b) that requires a qui tam relator bringing a False...more