The Federal Circuit explained that while its precedent permits joinder of parties to cure a defect in standing, “executing a nunc pro tunc license agreement after filing a case” does not have the same effect. The court also noted that while 28 U.S.C. § 1653 permits an amended complaint to be used “to correct ‘[d]efective allegations of jurisdiction,'” the ability to amend applies only to “incorrect statements about jurisdiction that actually exists, and not defects in the jurisdictional facts themselves.” … [Read more...] about Federal Circuit Finds Nunc Pro Tunc Agreement Does Not Confer Standing
What does tpo roofing stand for
In a 6-to-2 opinion by Justice Alito, the Supreme Court vacated the Ninth Circuit’s decision and remanded the case to the Ninth Circuit to examine whether Robins alleged an injury that was both “concrete and particularized.” “We have made it clear time and time again that an injury in fact must be both concrete and particularized,” wrote Alito, who added that certain types of mistakes would not qualify. “An example that comes readily to mind is an incorrect zip code. It is difficult to imagine how the dissemination of an incorrect zip code, without more, could work any concrete harm.” … [Read more...] about Supreme Court Finds Statutory Violation Does Not Confer Standing Alone
In general, constitutional standing requires that a plaintiff show injury, causation and redressability. With respect to prudential standing, the APA requires that the plaintiff be within the “zone of interests” of the statute claimed to have been violated (i.e., Section 1504 of the Dodd-Frank Act). 5 U.S.C. § 702 (“A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of the relevant statute, is entitled to judicial review thereof.”) … [Read more...] about Oxfam America Takes A Stand, But Does It Have Standing?
The District of Delaware recently denied a motion to dismiss an antitrust counterclaim in a patent infringement action in the wake of defendant Mylan, Inc. ("Mylan") having filed an Abbreviated New Drug Application ("ANDA") with the Federal Drug Administration ("FDA"). Shionogi Pharma, Inc. v. Mylan, Inc., United States District Court, District of Delaware, Civil Action No. 10-1077, August 31, 2011. The decision raises a host of interesting and provocative issues relating to the "sham" exception for petitioning activity immunity under the Noerr doctrine. See Eastern R.R. Presidents Conference v. Noerr Motor Freight, 365 U.S. 127 (1961) ("Noerr") and Professional Real Estate Investors v. Columbia Pictures Industries, 508 U.S. 49 (1993) ("PRE"). In essence, the court held that plaintiff and counter-defendant Shionogi Pharma, Inc. ("Shionogi") could not maintain that Mylan lacked standing to prosecute an antitrust counterclaim by virtue of Shionogi's filing of the … [Read more...] about ANDA Automatic Stay of FDA Approval Does Not Defeat Standing in Sham Litigation Antitrust Counterclaim
Ford Motor Co. v. Paice LLCAddressing whether it has the authority to decide a contractual dispute in the context of a post issuance proceeding under the America Invents Act (AIA), the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) denied a patent owner’s argument that the petitioner lacked standing by virtue of a provision in an arbitration agreement with the petitioner that purportedly limits the petitioner’s ability to challenge the validity of the patent, finding that the issue was one of contract law that fell outside the PTAB’s authority under the AIA. Ford Motor Co. v. Paice LLC, Case No. IPR2014-00570 (PTAB, Sept. 30, 2014) (DeFranco, APJ). … [Read more...] about Contract Prohibiting Patent Challenges Does Not Preclude Standing to File IPR Petition