Federal Circuit: Errors In Instructions, Verdict Form Doom $11.5M Patent Judgment
WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on June 4 found that a Texas federal judge improperly combined four patents related to a heating and ventilation system into a single infringement question on the verdict form and wrongly gave the jury incomplete instructions on patent eligibility; the panel vacated the jury’s infringement findings and damages award of more than $11.5 million and ordered a new trial on both issues.
Family: Judge Missed Step In Asbestos Verdict Remittitur Analysis
NEW ORLEANS — A federal judge skipped the third and mandatory step of increasing a remittitur calculation by 50% and should add $1.95 million to a proposed $3.9 million judgment in an asbestos case, a family tells a federal judge in Louisiana in a June 4 motion for reconsideration.
4th Circuit Lets ERISA Class Cert Vacatur Stand; Amici Supported Rehearing
RICHMOND, Va. — Denying en banc rehearing in a case where it reversed and vacated certification of a mandatory class, the Fourth Circuit U.S. Court of Appeals on June 4 let its ruling stand in the Employee Retirement Income Security Act case challenging the employer’s decision to include passively managed BlackRock LifePath Index target date funds (TDFs) in its defined-contribution retirement plan.
4th Circuit: Individual Wage Settlement Forecloses Decertification Challenge
RICHMOND, Va. — An employee who settled individual wage-and-hour claims following decertification of a collective action and two classes lacks standing to appeal that decertification decision, a Fourth Circuit U.S. Court of Appeals ruled, dismissing the appeal for lack of jurisdiction.
$42.7M Class Deal In ERISA Forfeiture Case Preliminarily Approved
SEATTLE — A case that is part of a wave of putative class actions challenging a common use of forfeited nonvested matching retirement contributions would settle for an estimated $42,724,532 under a deal to which a Washington federal judge granted preliminary approval on June 4 after a hearing.
Dismissal Denied In Suit Challenging DOJ Use Of FCA To Deny Gender-Affirming Care
BOSTON — A Massachusetts federal judge denied dismissal of states’ suit against President Donald J. Trump, former U.S. Attorney General Pamela Jo Bondi and the U.S. Department of Justice (DOJ) bringing claims under the Administrative Procedure Act (APA) and challenging the DOJ’s interpretation and use of the False Claims Act (FCA) and other federal laws in connection with Executive Order (EO) 14187, “Protecting Children From Chemical and Surgical Mutilation,” and related memorandums issued by the DOJ to deny gender-affirming care, finding in part that the plaintiffs have standing because the memos conflict with states’ laws to regulate medicine and to protect adolescents’ access to gender-affirming care.
Supreme Court Holds SEC May Seek Disgorgement Without Showing Pecuniary Harm
WASHINGTON, D.C. — A unanimous U.S. Supreme Court on June 4 ruled that the Securities and Exchange Commission may seek equitable disgorgement under federal securities laws without showing that investors suffered pecuniary harm, saying that traditional equitable principles associated with disgorgement do not require a showing of pecuniary loss “before an investor qualifies as a victim of an offender’s wrongdoing entitled to compensation.”
Claims Collector Lacks Standing To Sue Insurer, Florida Panel Says In Reversal
WEST PALM BEACH, Fla. — A Florida appellate court panel held June 3 that an entity that purchases accounts receivable lacks standing to sue a homeowners insurer to recover payment for services related to the insured’s property damage to his home, reversing a lower court’s denial of the insurer’s motion for summary judgment and remanding for the lower court to enter judgment in favor of the insurer.
High Court Finds Drugmaker’s Inducement Claims Fail, Reverses Federal Circuit
WASHINGTON, D.C. — A unanimous U.S. Supreme Court on June 4 held that a biopharmaceutical company failed to plausibly allege that a bioequivalent maker actively induced patent infringement after considering arguments on the standard of induced infringement in medical patent cases, including ones with “skinny label” generic versions. The high court determined that the patent owner relied on vague language and speculation to attempt to show that the bioequivalent maker induced infringement.
Split U.S. High Court Finds FCC Forfeiture Orders Do Not Violate 7th Amendment
WASHINGTON, D.C. — In an 8-1 ruling issued June 4 by the U.S. Supreme Court in consolidated cases in which Verizon Communications Inc. and AT&T Inc. asserted constitutional challenges to the Federal Communications Commission’s enforcement of monetary forfeitures under the Communications Act, a majority held that the FCC’s forfeiture orders do not violate the Seventh Amendment to the U.S. Constitution because the forfeiture proceedings do not resolve the parties’ legal obligations.
11th Circuit: Rapper’s Bankruptcy Means He Lost Copyright Termination Interest
ATLANTA — In a matter of first impression, an 11th Circuit U.S. Court of Appeals panel held that a late rapper who was a member of hip-hop group 2 Live Crew lost ownership of copyright interests in the group’s earliest recordings to his bankruptcy estate upon declaring bankruptcy, reversing a Florida federal judge’s finding that the rapper maintained copyright interests.