When Does a Breach of Contract Violate the False Claims Act?
Client Alert | less than 1 min read | 12.14.10
What distinguishes an ordinary breach of contract from true fraud punishable under the False Claims Act? To learn how the Fifth Circuit drew the distinction, read this new article authored by C&M's Bob Rhoad and Jon Cone in the BNA's Federal Contracts Report.
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
