Enough Is Enough! Supreme Court Puts an End to 18-Year FCA Litigation
Client Alert | 1 min read | 01.17.17
More than 18 years since the original qui tam complaint was filed, one of the longest-running FCA cases in history, U.S. ex rel. Purcell v. MWI Corp., came to an end in favor of defendant MWI, represented by C&M, when the Supreme Court on January 9, 2017, denied the relator’s petition for certiorari. The Supreme Court’s order caps MWI’s success on appeal, with the D.C. Circuit overturning a jury verdict against MWI on the grounds that the FCA’s scienter/knowledge element cannot be established when a defendant reasonably interprets an ambiguous regulation.
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In recent months the executive branch has indicated a willingness to assert control over intellectual property funded by federal research dollars in novel ways. This could potentially include leveraging its march-in rights under the Bayh-Dole Act.
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Supreme Court Oral Argument on Presidential Tariff Authority
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