Neha Khandhadia

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Neha Khandhadia focuses her practice on complex commercial litigation, arbitration, and government and internal investigations. She represents clients in litigation before federal and state courts across the country. Read Neha Khandhadia's full bio.

Nothing Private about Relator’s Qui Tam Action Info


By on Sep 22, 2022
Posted In Patents

The US Court of Appeals for the Ninth Circuit reversed a district court’s order denying the defendants’ motion to dismiss a qui tam action under the False Claims Act (FCA) and remanded for further proceedings. U.S. ex rel Silbersher v. Allergan, Inc., Case No. 21-15420 (9th Cir. Aug. 25, 2022) (Gould, Bennett, Nelson, JJ) Relator...

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Thee I Dismiss: No Love for Failure to Add Necessary Party


By on Sep 8, 2022
Posted In Trademarks

After concluding that a trademark owner’s case for failure to add a necessary party was untenable, the US Court of Appeals for the Fifth Circuit affirmed a district court’s dismissal of the case because the necessary party enjoyed sovereign immunity and could not be added. Lee et al. v. Anthony Lawrence Collection, L.L.C. et al.,...

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No Breach of Contract Where Company Disclosed Its Own Non-Public Information


By on Apr 14, 2022
Posted In Trade Secrets

The US Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a trade secret lawsuit against a consultant that allegedly failed to prevent its client from disclosing its own proprietary information during a call with a potential buyer. Protégé Biomedical, LLC v. Duff & Phelps Securities, LLC, and Philip I. Smith,...

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Message Received: Service of Complaint by Email Found Sufficient


By on Mar 3, 2022
Posted In Trademarks

The US Court of Appeals for the Fifth Circuit affirmed the district court’s entry of default judgment against the defendant because email service of the complaint was proper under the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure. Viahart, L.L.C. v. He GangPeng, Che Haixing, Aszune, Case No. 21-40166 (5th Cir....

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Alleged Trademark Infringer Remains Hog-Tied after Appeal


By on Feb 3, 2022
Posted In Trademarks

The US Court of Appeals for the Tenth Circuit dismissed an appeal of a district court order denying a stay of a federal action for lack of jurisdiction under 28 U.S.C. § 1291 and reversed in part the district court’s grant of a preliminary injunction. The Trial Lawyers College v. Gerry Spence Trial Lawyers College...

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Appeal Shuttered for Lack of Finality


By on Jan 27, 2022
Posted In Trademarks

The US Court of Appeals for the Eighth Circuit held that it lacked jurisdiction under 28 U.S.C. § 1291 and therefore dismissed an appeal of a district court decision staying a federal action pending state court litigation between the parties. Window World Int.’l, LLC et al. v. O’Toole et al., Case No. 21-1108 (8th Cir....

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Sixth Circuit: It’s a Go on Plaintiff’s Claims Despite Arbitration Clause


By on Sep 16, 2021
Posted In Trade Secrets

The US Court of Appeals for the Sixth Circuit affirmed in part a district court’s grant of a stay pending arbitration, finding that as non-parties to the underlying arbitration agreement, defendants could not stay the plaintiff’s action against them by arguing that they were beneficiaries of the arbitration agreement. AtriCure, Inc. v. Meng, Case No....

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No Bite on Parties’ Unenforceable Agreement to Agree to Sell Apple Trees


By on Sep 9, 2020
Posted In Food, Beverage & Agribusiness

The US Court of Appeals for the Federal Circuit affirmed a grant of summary judgment, finding that the option provision in the parties’ contract was an unenforceable agreement to agree. Phytelligence, Inc. v. Wash. State Univ., Case No. 2019-2216 (Fed. Cir. Aug. 27, 2020) (Reyna, J.). Phytelligence is an agricultural biotechnology company that used tissue...

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Neither AIA Proceeding nor Government Infringement Constitute Fifth Amendment Taking


By on Apr 30, 2020
Posted In America Invents Act, Patents

The US Court of Appeals for the Federal Circuit upheld a US Court of Federal Claims dismissal, rejecting arguments that patent infringement is a taking under the Fifth Amendment. Golden v. United States, Case No. 19-2134 (Fed. Cir. Apr. 10, 2020) (O’Malley, J.).

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