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National Law Journal

Federal Circuit Continues Expanding Appointments Clause Decision

Patent applicants whose appeals were rejected by the Patent Trial and Appeal Board will now be entitled to new hearings, the court ruled Tuesday. Many expect the U.S. Supreme Court to weigh in later this year.
4 minute read

The Recorder

'Particularly Troubling': Trump Appointee Calls Out Administration for Not Considering Dangers to Asylum Seekers

Judge Eric Miller, confirmed to the Ninth Circuit last year, wrote separately to say Trump officials' reasons for adopting an asylum restriction "is contradicted by the agencies' own record."
6 minute read

Law.com

What the 4th Circuit's Recent Rulings Mean for Health Care Providers, Insurers and the FCA

While regulatory ambiguity may shield health care providers from liability under the FCA in some circumstances, due diligence should be taken to ensure compliance with Medicare reporting requirements.
8 minute read

New Jersey Law Journal

Constitutional Powers in the Context of Environmental Regulation: NJ's Executive Order 136

EO136 presents a unique legal question: What authority do the governor and DEP have to alter processes embodied in New Jersey's environmental statutes and its corresponding regulations?
7 minute read

National Law Journal

Patent Litigation Is on the Rebound, Led by WD-Texas Filings

Some aggressive nonpracticing entities—and perhaps growing interest in litigation funding—have put 2020 district court filings 16% ahead of the previous six months' pace.
7 minute read

The Recorder

America Invents Act Has Added $3B to GNP, Study Contends

The 2011 law has reduced the need for and cost of patent litigation, ultimately generating substantial economic benefits, says the report by economists at The Perryman Group. It was sponsored by Unified Patents, one of the most frequent petitioners for America Invents Act trials.
2 minute read

National Law Journal

Chief Justice Roberts Leads Ruling Against Trump's Effort to End DACA

Chief Justice John Roberts Jr. led the court in ruling 5-4 that the Trump administration had failed to address important factors bearing on its decision to wind down the program and that failure violated the federal law known as the Administrative Procedure Act.
6 minute read

Supreme Court Brief

Alito's Barbs | About Those Qualified Immunity Denials | Financial Disclosures: Summer Teaching Gigs | Headlines: William Consovoy, Landmark LGBT Ruling & More

Welcome to Supreme Court Brief. We've got a snapshot from the latest financial disclosures, and we reach out to McDermott Will's Paul Hughes and Orrick's Kelsi Corkran for their thoughts on the court's denial of a raft of qualified immunity petitions. Plus: Justice Alito had sharp words in a pair of dissents this week. Thanks for reading!
9 minute read

National Law Journal

PTO Growing Less Deferential to Rocket Dockets During Pandemic

With district judges forced to put jury trials on hold, the Patent Trial and Appeal Board sounds as if it will be more assertive about deciding patent validity, even when the same issues are presented in parallel district court proceedings.
4 minute read

New Jersey Law Journal

How the Court Stepped Back on Procedure, But Stepped Forward on Due Process, Regarding COVID-19 Prison Release

"Although a court rule authorizes judges to amend a sentence and release an individual defendant because of illness or infirmity, neither the rule nor the other sources raised provide authority for the courts to establish and oversee a broad-based program to release or furlough inmates in state prison," wrote Chief Justice Stuart Rabner.
7 minute read

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