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“It is those who wait to be selected, and not those who seek, from whom we may always expect the most efficient service.” Ulysses S. Grant

2023, Barry Barnett

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Weekly Case Roundup

By Barry Barnett on November 12, 2019

  • Federal Circuit grants Commerce Secretary broad power to remove IPR judges to clean up appointments clause mess.

 

  • Receipt of credit report by person who doesn’t have authorization counts as Article III injury for standing purposes.

 

  • Health care records case goes back to trial court to ease certification of issues to New York Court of Appeals.

 

  • Federal “Filter Team” to assess law firm’s privilege claims was improper.

 

  • Patent on hepatitis treatment didn’t satisfy description and enablement requirements.

 

  • Competitor’s copying of invention undercut obviousness defense.

 

  • Bankruptcy courts have inherent authority to impose sanctions on lawyers.

 

  • Bankruptcy preemption defense to debt-collection class claim didn’t raise individual issue for class members.

 

  • DOJ Antitrust Division counsel stresses only “naked” no-poach and wage-fixing pacts per se violate section 1 of Sherman Act.
Posted in Antitrust, Class Actions, Commercial, Corporate, and Contracts, Intellectual Property, Procedure
Tags: Roundup
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Barnett is a Fellow in the American College of Trial Lawyers, a partner in Susman Godfrey’s Dallas and New York offices, and a graduate of Yale University and Harvard Law School. With three decades of trial work representing both plaintiffs and defendants, Barnett is a master strategist in complex commercial litigation.

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