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Author Archives: Deborah Elkins

Civil Procedure – Discovery – Patent Infringement – Inadvertent Disclosure (access required)

A drug company that produced “millions” of document in this complex patent case can “claw back” four pages of a document created by its in-house IP counsel and given to its opponent; inadvertent disclosure of the document did not waive ...

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Administrative – Election Laws – Chilling Effect – Preliminary Injunction (access required)

On remand from the U.S. Supreme Court, the 4th Circuit stands by parts I and II of its 2009 opinion articulating the standard for issuance of preliminary injunctions (VLW 009-2-143), but remands for reconsideration of other issues in light of ...

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Intellectual Property – Surgical Instruments – Injunction (access required)

In this litigation over the ‘284 patent for a carpal tunnel release instrument, a Charlottesville U.S. District Court denies a preliminary injunction to plaintiff MicroAire Surgical Instruments, as it has not established the likelihood of its success on the merits, ...

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Criminal – Sentencing – ACCA – State Conviction Vacatur (access required)

A district court erred in granting post-conviction relief from a weapons-possession sentence enhanced under the Armed Career Criminal Act, based on the state court’s vacatur of two of the five state court convictions used for the enhancement; because defendant could ...

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Employment – Private Security Company – Baghdad Security Officer – Whistleblower Claim (access required)

An Alexandria U.S. District Court says an employee fired by a Herndon company that provides contract security to U.S. diplomats in Baghdad cannot sue the company for a variety of tort and whistleblower claims arising from his discharge for violations ...

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Real Estate – Foreclosure Challenge – Standing (access required)

Although plaintiff contends defendants improperly instituted a non-judicial foreclosure proceeding on her home, an Alexandria U.S. District Court dismisses her complaint with prejudice. Two cases with near identical facts were brought in this district and dismissed on similar grounds, Merino ...

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