Court of International Trade Takes Jurisdiction Over Civil FCA Case
Client Alert | less than 1 min read | 08.04.05
Distinguishing its own precedent holding that it has no jurisdiction over civil FCA lawsuits brought by qui tam relators, the U.S. Court of International Trade (USCIT) recently held in U.S. v. Universal Fruits and Vegetables Corp., 2005 WL 1592953 (July 6, 2005), that it does have exclusive jurisdiction over non-qui-tam civil FCA actions brought by the government to recover unpaid customs duties. In this case involving government allegations that defendants avoided paying customs duties by making false statements to Customs officials, the USCIT confirmed a previous ruling of the Ninth Circuit that had transferred the matter to the USCIT for lack of subject matter jurisdiction.
Insights
Client Alert | 2 min read | 11.14.25
Claim construction is a key stage of most patent litigations, where the court must decide the meaning of any disputed terms in the patent claims. Generally, claim terms are given their plain and ordinary meaning except under two circumstances: (1) when the patentee acts as its own lexicographer and sets out a definition for the term; and (2) when the patentee disavows the full scope of the term either in the specification or during prosecution. Thorner v. Sony Comput. Ent. Am. LLC, 669 F.3d 1362, 1365 (Fed. Cir. 2012). The Federal Circuit’s recent decision in Aortic Innovations LLC v. Edwards Lifesciences Corp. highlights that patentees can act as their own lexicographers through consistent, interchangeable usage of terms across the specification, effectively defining terms by implication.
Client Alert | 6 min read | 11.14.25
Microplastics Update: Regulatory and Litigation Developments in 2025
Client Alert | 6 min read | 11.13.25
