Widening a Split, Sixth Circuit Says FCA Amendments Apply to Pending Cases, Not Claims
Client Alert | less than 1 min read | 11.06.12
When Congress amended the False Claims Act in 2009, it provided that the change broadening the liability provision for false statements should apply retroactively to all "claims" under the FCA that were pending on or after June 7, 2008. In U.S. ex rel. Sanders v. Allison Engine Co. (6th Cir. Nov. 2, 2012), the Sixth Circuit declined to follow the Ninth and Eleventh Circuits' holdings that this amendment applies only to requests or demands for money or property that were pending as of June 7, 2008, and, instead, followed the Second and Seventh in finding that this amendment applies to any "civil action or case" that was pending then.
Insights
Client Alert | 6 min read | 11.26.25
From ‘Second’ to ‘First:’ Federal Circuit Tackles Obvious Claim Errors
Patent claims must be clear and definite, as they set the boundaries of the patentee’s rights. Occasionally, however, claim language contains errors, such as typographical mistakes or incorrect numbering. Courts possess very limited authority to correct such errors. The United States Court of Appeals for the Federal Circuit has emphasized that judicial correction is appropriate only in rare circumstances, where (1) the error is evident from the face of the patent, and (2) the proposed correction is the sole reasonable interpretation in view of the claim language, specification, and prosecution history. See Group One, Ltd. v. Hallmark Cards, Inc., 407 F.3d 1297, 1303 (Fed. Cir. 2005) and Novo Indus., L.P. v. Micro Molds Corp., 350 F.3d 1348, 1357 (Fed. Cir. 2003).
Client Alert | 5 min read | 11.26.25
Client Alert | 6 min read | 11.25.25
Brussels Court Clarifies the EU’s SPC Manufacturing Waiver Regulation Rules
Client Alert | 3 min read | 11.24.25
