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WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on March 9 affirmed final written decisions by the U.S. Patent Trial and Appeal Board (PTAB), holding that the board did not abuse its discretion when it held that a technology company forfeited a new antedating argument during inter partes review (IPR) proceedings.
FORT WORTH, Texas — An outsourcing facility that neither compounds sodium thiosulfate “nor has a facility capable of doing so” lacks standing to challenge a decision by the U.S. Food and Drug Administration to decline to add the drug to a list of bulk drug substances approved for compounding, a Texas federal judge ruled in granting summary judgment to the government (FarmaKeio Outsourcing, LLC v. United States Food And Drug Administration, et al., No. 2401040, N.D. Texas, 2026 U.S. Dist. LEXIS 46434).
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on March 6 affirmed a lower court’s order adopting a report and recommendation to award attorney fees of $479,656.22 to a health care company and related entities in a relator’s qui tam suit against them asserting violations of the False Claims Act (FCA) regarding disputes over the Medicare Recovery Audit Contractor program, finding that the lower court did not abuse its discretion in finding attorney fees “justified” due to the relator’s claims being “frivolous.”
NEW ORLEANS — The Louisiana Supreme Court on March 6 affirmed and remanded to a trial court an appellate court’s denial of an exception of prescription sought by the Louisiana Insurance Guaranty Association (LIGA) as purported guarantor for a now-insolvent insurer in an insurance coverage dispute over purported damages from Hurricane Ida, finding that because the insurer made an unconditional payment on its insureds’ claims, which interrupted the prescriptive period, the insureds’ complaint was timely.
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals affirmed a lower federal court’s ruling that granted subrogee insurers’ motion to dismiss a yacht owner’s petition seeking limitation of liability for damage caused by a fire and explosion under the Limitation of Liability Act, agreeing with insurers that the lower court lacked admiralty jurisdiction over the yacht owner’s claims.
WASHINGTON, D.C. — The U.S. Supreme Court today granted a petition for a writ of certiorari filed by the U.S. Air Force seeking to resolve a circuit split and address questions about final, reviewable agency enforcement of the Resource Conservation and Recovery Act (RCRA) and compliance requirements of the National Environmental Policy Act (NEPA) regarding a Ninth Circuit U.S. Court of Appeals’ ruling that reversed dismissal of a lawsuit filed by a Guam-based nonprofit corporation challenging an agency’s decision to engage in hazardous waste disposal at Tarague Beach.
WASHINGTON, D.C. — After filing a motion to modify an injunction in a California federal court, Epic Games Inc. and Google LLC and related entities (collectively, Google) on March 5 filed a joint stipulation of dismissal in the U.S. Supreme Court regarding Google’s petition seeking review of a Ninth Circuit U.S. Court of Appeals’ ruling affirming a lower court’s jury verdict and injunction in an antitrust suit filed against it by Epic Games Inc. over Google’s removal of Epic’s Fortnite game from the Google Play Store.
HARTFORD, Conn. — A federal jury in Connecticut found that the owner of an online platform that allows users to share educational resources with each other owes more than $75 million to a private university in the state after the jury agreed with claims that the web platform violated the Digital Millennium Copyright Act (DMCA) thousands of times in its distribution of university contents.
SAN FRANCISCO — The federal government defendants in a lawsuit by unions, groups and local governments challenging an executive order (EO) and memorandum implementing the EO that resulted in widespread layoffs of federal workers filed a 49-page Microsoft Excel document on March 5 in a federal court in California in response to an expedited discovery order issued two days earlier regarding “the individual(s) involved in the decisions regarding the renewal of” Federal Emergency Management Agency (FEMA) cadre of on-call response/recovery (CORE) employees.
SAN DIEGO — A California federal judge on March 5 granted in part and denied in part a motion filed by The Procter & Gamble Co. (P&G) to dismiss a consumer’s putative class action accusing it of misleadingly marketing a sleep aid product as providing benefits “naturally” in violation of California’s unfair competition law (UCL) because it is actually made with “synthesized” artificial ingredients.
WASHINGTON, D.C. — The manufacturer of the Gardasil vaccine on March 5 declined to respond to a petition for a writ of certiorari in the U.S. Supreme Court filed by three women who claim that the Fourth Circuit U.S. Court of Appeals erred in finding that the women must first file in the Vaccine Act compensation program before suing in a district court and contend that the addition of the Gardasil vaccine to the Vaccine Injury Table was unconstitutional.