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A Georgia District Court Enjoins the Government from Enforcing the Federal Contractor Vaccine Mandate Nationwide

Client Alert | 1 min read | 12.07.21

Earlier today, the U.S. District Court for the Southern District of Georgia issued a preliminary nationwide injunction of the contractor vaccine mandate in Executive Order 14042.  This injunction will bar the Government “from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts in any state or territory of the United States of America” while the case is pending or until another order is issued. 

This injunction is similar to the one issued last week by the Eastern District of Kentucky enjoining the Executive Order in Kentucky, Tennessee, and Ohio.  Like Kentucky district court, the Georgia district court found that Executive Order 14042 exceeded the President’s authority under the Federal Property and Administrative Services Act.

We are continuing to watch the implementation of Executive Order 14042 and the nationwide challenges to it.

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Client Alert | 2 min read | 06.12.25

IPR May Be Discretionarily Denied Because of “Settled Expectations” Where Petitioner Has Long Known of Challenged Patent

Acting USPTO Director Coke Morgan Stewart issued a Director Discretionary decision on June 6, 2025, in iRhythm Technologies Inc. v. Welch Allyn Inc., IPR2025-00363, -00374, -00376, -00377, and -00378 Paper 10 (PTAB June 6, 2025). This decision granted Patent Owner’s request for discretionary denials of institution in five related IPR challenges.  It follows several recent Director decisions that have all discretionarily denied petitions for reasons other than the substantive merits of the challenges. However, this decision is the first one that relies upon “[s]ettled expectations of the parties, such as the length of time the claims have been in force,” a new consideration that was first articulated in the USPTO’s “Interim Process for PTAB Workload Management” memorandum (“Interim Memo”) dated March 26, 2025....

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