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Fourth Circuit Rules In Custer Battles

Client Alert | 1 min read | 04.13.09

The Fourth Circuit in United States ex rel. DRC, Inc. v. Custer Battles, LLC (4th Cir. April 10, 2009), affirmed summary judgment in the contractor's favor in a qui tam case alleging that Custer Battles (represented by C&M) had fraudulently induced the Coalition Provisional Authority to issue it a contract worth $17 million for security services at the Baghdad International Airport, agreeing "with the district court that the relators have not presented evidence sufficient to support a finding that Custer Battles violated the False Claims Act …." However, the Fourth Circuit also reversed judgment as a matter of law in favor of Custer Battles related to another contract Custer Battles had with the CPA for support services for the Dinar Exchange Program and remanded for further proceedings based on its findings that the district court erred in limiting the relators' claims to $3 million by using a "source-of-funds" analysis and in its presentment analysis under sections 3729 (a)(1) and (a)(2) of the FCA, including its holding that presentment must be proven under sections 3729 (a)(2) of the FCA, as the Supreme Court found to the contrary in Allison Engine while the case was on appeal.

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Client Alert | 3 min read | 11.20.25

Implications of CRISPR Dispute on Licensees

A decision in May from the Federal Circuit Court of Appeals has extended the long-standing and well-publicized dispute over inventorship of use of CRISPR-Cas9 technology in eukaryotic cells. When final resolution comes, it will have important implications for users of this technology. Companies currently licensing CRISPR-Cas9 from one of the two groups claiming ownership rights to the fundamental patents covering this technology and those considering licenses or investment in users of the technology should review existing or proposed licenses to better prepare for the potential outcomes of the dispute....