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April 24, 2024 | Daily Report Online

Despite Tech Vendor's 'Admitted Negligence,' Ex-FisherBroyles Client May Struggle to Recover Damages

A Georgia appellate court earlier this month affirmed a ruling dismissing tech vendor CPA Global Support from a suit over a missed foreign patent application deadline. Damages could exceed $100 million, according to expert witness testimony.
6 minute read
January 29, 2024 | The Recorder

FisherBroyles Picks Up IP Lawyers in LA, Litigator in Chicago

FisherBroyles expanded recently by adding two intellectual property lawyers as partners in Los Angeles and a litigator in Chicago.
4 minute read
Bowers v. CSX Transportation, Inc.
Publication Date: 2023-12-08
Practice Area: Toxic Torts
Industry: Transportation
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys:
For plaintiff: Kristopher Alderman, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Alison Currie, (FisherBroyles, LLP), Atlanta, Randolph Mayer, (Mayer & Harper LLP), Atlanta, Shawn Ricci, (Marc J. Bern & Partners, LLP), Conshohocken, for appellant.
For defendant: Michael Loebl, Sonja Tate, (Fulcher Hagler LLP), Augusta, Frank Gordon, (Millberg Gordon Stewart PLLC), Raleigh, for appellee.
Case number: A23A0839

Court affirms exclusion of expert testimony and grant of summary judgment in favor of an employer in a FELA lung cancer case, finding that the testimony speculated and did not establish causation

Ramco Asset Management, LLC v. USA Rare Earth, LLC
Publication Date: 2023-11-06
Practice Area: Contractual Disputes
Industry: Mining and Resources
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: David A. Felice, Bailey & Glasser, LLP, Wilmington, DE; Andrew St. Laurent, Harris St. Laurent & Wechsler LLP, New York, NY for plaintiffs.
For defendant: John M. Seaman, E. Wade Houston, Abrams & Bayliss LLP, Wilmington, DE; Chelsea Corey, King & Spalding LLP, Charlotte, NC; Carl D. Neff, FisherBroyles, LLP, Wilmington, DE; Aurora Cassirer, Christina H. Bost Seaton, FisherBroyles, LLP, New York, NY; Karen E. Keller, Andrew E. Russell, Nathan R. Hoeschen, Shaw Keller LLP, Wilmington, DE; Justin L. Ormand, Allen & Overy, New York, NY; Patrick W. Pearsall, Allen & Overy, Washington, D.C. for defendants.
Case number: 2022-0665-SG

Plaintiffs were former equity holders in an Australian rare-earth mining company, whose primary asset was interest in a mining project in West Texas. Defendants transferred the company's assets to a new Delaware entity. Plaintiffs' fourteen causes of action alleged that defendants promised that plaintiffs would each receive an equivalent amount of equity in the Delaware entity as each had previously held in the mining company, however, they alleged that the transactions had diminished their ownership interests. Defendants' motions to

November 02, 2023 | The American Lawyer

Big Law Firms Call on Top Law Schools to Condemn Anti-Israel Protests, Harassment

A group of more than 200 leading law firms implored law schools to reign in "anti-Semitic activities" on campus as Israel's response to the Oct. 7 attacks draws protest worldwide.
8 minute read
Humphrey et al. v. The Emory Clinic, Inc. et al.
Publication Date: 2023-10-03
Practice Area: Expert Witnesses | Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys:
For plaintiff: Kristopher Alderman, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Alison Currie, (FisherBroyles, LLP), Atlanta, John Mabrey, (The Mabrey Firm, P.C.), Atlanta, for appellant.
For defendant: Robert Marcovitch, Anna Pieschel, Caroline Gieser, (Shook, Hardy & Bacon LLP), Atlanta, Paul Weathington, Carter Weathington, (Weathington Smith), Atlanta, Spencer Bomar, Wayne McGrew, (McGrew Miller Bomar & Bagley LLC), Atlanta, for appellee.
Case number: A23A0735

Court affirms exclusion of expert opinions as to standard of care and causation against physician specialists because those opinions did not satisfy OCGA § 24-7-702.

Topia Tech., Inc. v. Egnyte, Inc.
Publication Date: 2023-06-20
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys:
For plaintiff: Kelly E. Farnan, Richards, Layton & Finger, P.A., Wilmington, DE; Mark Boland, Raja Saliba, Michael R. Dzwonczyk, Chidambaram S. Iyer, Sughrue Mion, PLLC for plaintiff.
For defendant: Carl D. Neff, FisherBroyles, LLP, Wilmington, DE; Ryan T. Beard, FisherBroyles, LLP, Austin, TX; Christopher R. Kinkade, FisherBroyles, LLP, Princeton, NJ for defendant.
Case number: 21-1821-CJB

Patent claims described a sufficiently narrower invention than the abstract idea of file synchronization to constitute an arguable improvement in computer technology and an inventive concept.

May 12, 2023 | New Jersey Law Journal

Panitch Schwarze Enters Patent Dispute For Maker of Animal Medication

This suit was surfaced by Law.com Radar. Read the document here.
1 minute read
Newron Pharm. S.p.A. v. Aurobindo Pharma Ltd.
Publication Date: 2023-05-02
Practice Area: Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys:
For plaintiff: Gregory R. Booker, Nitika Gupta Fiorella, Elizabeth M. Flanagan, Sarah E. Jack, Fish & Richardson P.C. for plaintiffs.
For defendant: Carl D. Neff, Gurpreet Singh Walia, M.D., Esq., Gary Ji, Gurpreet S. Walia, FisherBroyles, LLP; Kenneth L. Dorsney, Cortlan S. Hitch, Morris James LLP; Timothy H. Kratz, George J. Barry III, Kratz & Barry LLP; Stamatios Stamoulis, Richard C. Weinblatt, Stamoulis & Weinblatt LLC; Shashank Upadhye, Brent Batzer, Yixin Tang, Upadhye Tang LLP; Benjamin J. Schladweiler, Renee Mosley Delcollo, Greenberg Traurig, LLP; Dmitry V. Shelhoff, Ph.D., Edward D. Pergament, Kenneth S. Canfield, Julia S. Kim, Pergament & Cepeda LLP for defendants.
Case number: 21-843-GBW

Court rejected defendants' assertion of indefiniteness of disputed terms in claim construction, where the intrinsic record and prosecution history of the patents-in-suit provided objective boundaries that would inform a person of ordinary skill in the art about the scope of the patent claims, so the court adopted plaintiffs' proposed constructions after defendants declined to offer competing instructions or present any evidence regarding what they believed a person of ordinary skill in the art would understand the disputed terms to me

Appellate Division, First Department: January 26, 2023
Publication Date: 2023-01-26
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:January 24, 2023

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