Pre-UPC National Litigation Does Not Bar Withdrawal Of Patent Opt-Outs, Rules Court Of Appeal

Multijurisdictional patent disputes have increasingly featured litigation filed both in national courts and before Europe’s Unified Patent Court (UPC), where plaintiffs can seek damages and injunctive relief spanning 18 participating EU countries. Since the UPC allows similarly sweeping revocation claims, some patent owners have chosen to opt certain patents out of the court’s jurisdiction to protect key assets from invalidation. While UPC rules allow patent owners to withdraw opt-outs under certain circumstances, they cannot […]

By | January 16th, 2025 ||

CFPB Wins At The Supreme Court

Earlier this month the United States Supreme Court, in a 7-2 ruling, held that the CFPB’s funding mechanism does not violate the Appropriations Clause of the U.S. Constitution. As we previously discussed in greater detail here, under the Dodd-Frank Act, Congress provided a standing source of funding for the CFPB outside the ordinary annual appropriations process—the Bureau draws from the Federal Reserve System an amount determined by its Director, subject only to an inflation-adjusted cap. […]

By | May 29th, 2024 ||

Supreme Court Holds That CFPB’s Funding Is Constitutional, Clearing Way For Rulemaking Agenda

On May 16, 2024, the U.S. Supreme Court held 7-2 in Consumer Financial Protection Bureau v. Community Financial Services Association of America (CFSA) (Docket No. 22-448) that the CFPB’s funding structure is constitutional. With the Court’s decision, uncertainty over the CFPB’s rulemaking authority tied to the constitutionality of the CFPB’s funding has been removed, clearing the way for key rulemaking initiatives to proceed.

At issue in the case was the question of whether the CFPB’s funding structure, […]

By | May 28th, 2024 ||