SHOCK & AWE!!! Did you see who filed today's (3/26
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Posted On: 03/26/2018 9:09:43 PM
SHOCK & AWE!!! Did you see who filed today's (3/26/2018) "Opening Brief"???
Mr. Douglas Hallward-Driemeier His bio is below.
CONTACT
Douglas.Hallward-Driemeier@ropesgray.com
T+1 202 508 4776 Washington, DC
EDUCATION
ADMISSIONS / QUALIFICATIONS
CLERKSHIPS
PROFESSIONAL & CIVIC ACTIVITIES
AWARDS
DOUGLAS HALLWARD-DRIEMEIER
PARTNER
Doug, who leads the firm’s Appellate and Supreme Court practice, has presented more than 70 appellate arguments, including 16 times before the U.S. Supreme Court and before every federal circuit court of appeals. He has briefed and argued both civil and criminal matters covering a wide range of subjects and has particular experience in the areas of intellectual property, bankruptcy, the False Claims Act, securities litigation, and antitrust. Doug has also extensive experience litigating issues of concern to companies and foreign governments with international activities, including the Alien Tort Statute, the Foreign Sovereign Immunities Act, and forum non conveniens.
Doug collaborates with colleagues across numerous practice areas. In addition to handling appeals, Doug works closely with trial court colleagues to present the most compelling dispositive motions and to preserve our clients’ rights to appeal if necessary. He routinely consults with clients about avenues for challenging administrative actions and advises clients about the constitutionality of legislation affecting their interests.
Doug rejoined the firm in 2010 after spending more than a decade handling civil appeals and Supreme Court litigation for the U.S. Department of Justice. Between 2004 and 2009, he was an Assistant to the Solicitor General, where he briefed and argued cases on behalf of the United States before the Supreme Court. Doug has argued sixteen cases before the Supreme Court and filed more than 150 briefs in that Court. In 2015, Doug argued before the Supreme Court in the highly-publicized landmark marriage equality case (Obergefell v. Hodges) and in a key bankruptcy case regarding whether an order denying confirmation of a bankruptcy plan is appealable (Bullard v. Blue Hills Bank).
Intellectual Property
Versata v. SAP (Fed. Cir; S.Ct.) – advised client regarding appeals and rehearing briefs and filed petition for certiorari regarding interplay of district court infringement litigation and Patent Trial and Appeal Board (“PTAB”) proceedings under the America Invents Act
Progressive v. Liberty Mutual (Fed. Cir.) – represent client in seven appeals from PTAB decisions declaring Progressive’s patents invalid
Maxim v. BB&T (Fed. Cir.) – represent national bank in appeal regarding multi-jurisdictional infringement litigation
Unified Messaging Solutions v. Google (Fed. Cir.) – represent national bank in multi-party appeal from judgment of non-infringement
Microsoft v. i4i (S.Ct.) – amicus brief for 19 venture capital firms in defense of “clear and convincing” standard for proving patent invalidity
Stanford v. Roche (S.Ct.) – amicus brief for 80 higher education institutions regarding ownership of federally funded inventions
MGM v. Grokster (S.Ct.) – regarding secondary liability of file-sharing services for copyright infringement
Bankruptcy
Executive Benefits Insurance Agency v. Arkison (S.Ct.) – regarding authority of non-Article III bankruptcy judges to enter final judgment of the United States
Clark v. Rameker (S.Ct.) – amicus brief regarding status of inherited IRAs in bankruptcy
In re Tribune Co. Fraudulent Conveyance Lit.(2d Cir.) – regarding creditor constructive fraudulent conveyance claims against public shareholders
False Claims Act
Graham County v. U.S. ex rel. Wilson (S.Ct.), (2005) – regarding the FCA statute of limitations
Graham County v. U.S. ex rel. Wilson (S.Ct.), (2009) – regarding the FCA public disclosure bar
U.S. ex. rel. Paulos v. Stryker Corp. (8th Cir.) – regarding public disclosure bar and Rule 9(b) pleading standard
U.S. ex rel. Nowak v. Medtronic (D. Mass) – successful motion to dismiss FCA qui tam based on allegations of off-label promotion
U.S. ex rel. Solis v. Millennium Pharmaceuticals (E.D. Ca.) – regarding scope of FCA liability for off-label promotion
Securities Litigation
Merck v. Reynolds (S.Ct.) – relating to the statute of limitations for securities fraud claims
Employees’ Retirement System of Government of the Virgin Islands et al. v. Blanford (2d Cir.) – regarding dismissal of securities class action alleging fraud in company’s statements concerning inventory and demand
Kuyat v. BioMimetic Therapeutics, Inc. (6th Cir.) – affirming dismissal of a securities class action alleging fraud in the company’s statements concerning its flagship medical product
In re ProShares Trust Securities Litigation (2d Cir.) – affirming dismissal of securities class action alleging inadequate risk disclosure in registration statement
Antitrust
Credit Suisse v. Billing, (S.Ct.) – concerning the immunity of IPO underwriters from antitrust liability
FTC v. Actavis (S.Ct.) – amicus brief on behalf of pharmaceutical industry association regarding antitrust liability for patent infringement settlements involving agreement not to enter market
North Carolina Bd. of Dental Examiners v. FTC (S.Ct.) – amicus brief on behalf of association of dental support organizations regarding antitrust immunity of state agencies composed of market participants
International law and Foreign Sovereign Immunity
Republic of Iraq v. Beaty (S.Ct.) – addressing application of the FSIA’s terrorism exception
Sinochem Intern. Co. Ltd. v. Malaysia Intern. Shipping Corp. (S.Ct.) – addressing dismissal for forum non conveniens
American Isuzu Motors v. Ntsebeza (S.Ct. petition-stage) – addressing when multinational corporations can be sued under the Alien Tort Statute for their business activities in foreign countries
Mr. Douglas Hallward-Driemeier His bio is below.
CONTACT
Douglas.Hallward-Driemeier@ropesgray.com
T+1 202 508 4776 Washington, DC
EDUCATION
ADMISSIONS / QUALIFICATIONS
CLERKSHIPS
PROFESSIONAL & CIVIC ACTIVITIES
AWARDS
DOUGLAS HALLWARD-DRIEMEIER
PARTNER
Doug, who leads the firm’s Appellate and Supreme Court practice, has presented more than 70 appellate arguments, including 16 times before the U.S. Supreme Court and before every federal circuit court of appeals. He has briefed and argued both civil and criminal matters covering a wide range of subjects and has particular experience in the areas of intellectual property, bankruptcy, the False Claims Act, securities litigation, and antitrust. Doug has also extensive experience litigating issues of concern to companies and foreign governments with international activities, including the Alien Tort Statute, the Foreign Sovereign Immunities Act, and forum non conveniens.
Doug collaborates with colleagues across numerous practice areas. In addition to handling appeals, Doug works closely with trial court colleagues to present the most compelling dispositive motions and to preserve our clients’ rights to appeal if necessary. He routinely consults with clients about avenues for challenging administrative actions and advises clients about the constitutionality of legislation affecting their interests.
Doug rejoined the firm in 2010 after spending more than a decade handling civil appeals and Supreme Court litigation for the U.S. Department of Justice. Between 2004 and 2009, he was an Assistant to the Solicitor General, where he briefed and argued cases on behalf of the United States before the Supreme Court. Doug has argued sixteen cases before the Supreme Court and filed more than 150 briefs in that Court. In 2015, Doug argued before the Supreme Court in the highly-publicized landmark marriage equality case (Obergefell v. Hodges) and in a key bankruptcy case regarding whether an order denying confirmation of a bankruptcy plan is appealable (Bullard v. Blue Hills Bank).
Intellectual Property
Versata v. SAP (Fed. Cir; S.Ct.) – advised client regarding appeals and rehearing briefs and filed petition for certiorari regarding interplay of district court infringement litigation and Patent Trial and Appeal Board (“PTAB”) proceedings under the America Invents Act
Progressive v. Liberty Mutual (Fed. Cir.) – represent client in seven appeals from PTAB decisions declaring Progressive’s patents invalid
Maxim v. BB&T (Fed. Cir.) – represent national bank in appeal regarding multi-jurisdictional infringement litigation
Unified Messaging Solutions v. Google (Fed. Cir.) – represent national bank in multi-party appeal from judgment of non-infringement
Microsoft v. i4i (S.Ct.) – amicus brief for 19 venture capital firms in defense of “clear and convincing” standard for proving patent invalidity
Stanford v. Roche (S.Ct.) – amicus brief for 80 higher education institutions regarding ownership of federally funded inventions
MGM v. Grokster (S.Ct.) – regarding secondary liability of file-sharing services for copyright infringement
Bankruptcy
Executive Benefits Insurance Agency v. Arkison (S.Ct.) – regarding authority of non-Article III bankruptcy judges to enter final judgment of the United States
Clark v. Rameker (S.Ct.) – amicus brief regarding status of inherited IRAs in bankruptcy
In re Tribune Co. Fraudulent Conveyance Lit.(2d Cir.) – regarding creditor constructive fraudulent conveyance claims against public shareholders
False Claims Act
Graham County v. U.S. ex rel. Wilson (S.Ct.), (2005) – regarding the FCA statute of limitations
Graham County v. U.S. ex rel. Wilson (S.Ct.), (2009) – regarding the FCA public disclosure bar
U.S. ex. rel. Paulos v. Stryker Corp. (8th Cir.) – regarding public disclosure bar and Rule 9(b) pleading standard
U.S. ex rel. Nowak v. Medtronic (D. Mass) – successful motion to dismiss FCA qui tam based on allegations of off-label promotion
U.S. ex rel. Solis v. Millennium Pharmaceuticals (E.D. Ca.) – regarding scope of FCA liability for off-label promotion
Securities Litigation
Merck v. Reynolds (S.Ct.) – relating to the statute of limitations for securities fraud claims
Employees’ Retirement System of Government of the Virgin Islands et al. v. Blanford (2d Cir.) – regarding dismissal of securities class action alleging fraud in company’s statements concerning inventory and demand
Kuyat v. BioMimetic Therapeutics, Inc. (6th Cir.) – affirming dismissal of a securities class action alleging fraud in the company’s statements concerning its flagship medical product
In re ProShares Trust Securities Litigation (2d Cir.) – affirming dismissal of securities class action alleging inadequate risk disclosure in registration statement
Antitrust
Credit Suisse v. Billing, (S.Ct.) – concerning the immunity of IPO underwriters from antitrust liability
FTC v. Actavis (S.Ct.) – amicus brief on behalf of pharmaceutical industry association regarding antitrust liability for patent infringement settlements involving agreement not to enter market
North Carolina Bd. of Dental Examiners v. FTC (S.Ct.) – amicus brief on behalf of association of dental support organizations regarding antitrust immunity of state agencies composed of market participants
International law and Foreign Sovereign Immunity
Republic of Iraq v. Beaty (S.Ct.) – addressing application of the FSIA’s terrorism exception
Sinochem Intern. Co. Ltd. v. Malaysia Intern. Shipping Corp. (S.Ct.) – addressing dismissal for forum non conveniens
American Isuzu Motors v. Ntsebeza (S.Ct. petition-stage) – addressing when multinational corporations can be sued under the Alien Tort Statute for their business activities in foreign countries
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