The Top FCA Decisions of 2015 for Government Contractors
Client Alert | 1 min read | 02.16.16
From the Supreme Court’s decision rejecting the applicability of the Wartime Suspension of Limitations Act to several rulings widening the circuit split on the implied certification theory of liability, 2015 saw a number of important False Claims Act case law developments. In a "Feature Comment" published in The Government Contractor, C&M attorneys highlight the top ten decisions from 2015 on key issues—such as damages calculations, original source requirements, statistical sampling, and more—that will shape this ever-active area of litigation in 2016 and beyond.
Insights
Client Alert | 2 min read | 05.27.25
Federal Circuit Resolves Circuit Split on Scope of IPR Estoppel
As part of the 2012 America Invents Act, statutory estoppel was included to balance the interests of patent owners and patent challengers following an inter partes review (“IPR”). Estoppel prevents an IPR petitioner from later asserting in court that a claim “is invalid on any ground that the petitioner raised or reasonably could have raised” during the IPR. 35 U.S.C. § 315(e)(2). As applied, estoppel prevents petitioners from later relying in district court or in ITC proceedings on most patents or printed publications – the limited bases upon which petitioner can rely in an IPR. But a question remained, and contradictory district court decisions arose, as to whether petitioners would be estopped from relying on a prior art commercial product (known as “device art,” which could not itself have been raised in the IPR) even if a printed publication describing the product (i.e. a patent or technical manual) was available and presumably could have been raised.
Client Alert | 6 min read | 05.27.25
U.S. Departments of State and Treasury Issue Immediate Sanctions Relief for Syria
Client Alert | 3 min read | 05.23.25
Executive Order Seeks Most-Favored-Nation Drug Pricing and HHS Announces Price Targets
Client Alert | 4 min read | 05.22.25
Opportunities for Procurement on the Horizon as UK Concludes Free Trade Agreement With India
