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State Court Patent Ownership Judgment Not Subject To Collateral Review

Client Alert | 1 min read | 02.26.07

In MyMail, Ltd. v. America Online, Inc., (No. 06-1147, -1172; February 20, 2007), the Federal Circuit affirms the district court's denial of a collateral attack on the ownership of the patent due to fraud. MyMail obtained ownership of the patent by assignment. The assignee obtained the patent application through a state court foreclosure action on a promissory note secured by the application. America Online asserts that the promissory note is fraudulent and this issue is subject to de novo review by federal courts. Distinguishing fraud relating to procurement of a patent, which bears on the enforceability, the Federal Circuit holds that fraud relating to ownership does not affect enforceability and is a state law issue. Since there is an enforceable state court judgment of ownership, that can be challenged only in limited circumstances, fraud in ownership is not subject to de novo review by federal courts.

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Client Alert | 6 min read | 03.26.24

California Office of Health Care Affordability Notice Requirement for Material Change Transactions Closing on or After April 1, 2024

Starting next week, on April 1st, health care entities in California closing “material change transactions” will be required to notify California’s new Office of Health Care Affordability (“OHCA”) and potentially undergo an extensive review process prior to closing. The new review process will impact a broad range of providers, payers, delivery systems, and pharmacy benefit managers with either a current California footprint or a plan to expand into the California market. While health care service plans in California are already subject to an extensive transaction approval process by the Department of Managed Health Care, other health care entities in California have not been required to file notices of transactions historically, and so the notice requirement will have a significant impact on how health care entities need to structure and close deals in California, and the timing on which closing is permitted to occur....