2022: Selected Filings, Presentations, and Media Mentions
- On November 16, 2022, Deutsch Hunt PLLC filed an amicus brief on behalf of America's Health Insurance Plans in Texas Medical Association v. U.S. Department of Health and Human Services, No. 6:22-cv-372 (E.D. Tex.). The brief may be viewed here.
- On November 9, 2022, Ruthanne Deutsch was a panelist for a session of the 16th Annual Private Antitrust Enforcement Conference. The panel's topic was Best Practices for Plaintiffs in Appeals in Antitrust and Other Class Actions. The conference agenda may be viewed here.
- On November 7, 2022, Ruthanne Deutsch interviewed Judge Timothy Dyk for a session of the Fall 2022 meeting of the American Academy of Appellate Lawyers. The conference agenda may be viewed here.
- In November 2022, Ruthanne Deutsch was recognized as a Best Lawyer for the second year in a row and Deutsch Hunt PLLC was recognized as a Best Law Firm for appellate practice.
- On October 6, 2022, Hyland Hunt argued the appeal on behalf of Appellants in United States ex rel. Lovell & McKusick v. AthenaHealth, Inc., No. 22-1245 (1st Cir.). The argument audio is available here.
- On November 30, 2022, Deutsch Hunt PLLC filed an opening brief on behalf of Appellant in Carbon Crest, LLC v. Tencue Productions, LLC, No. 22-15707 (9th Cir.). The brief may be viewed here.
- On September 6, 2022, Hyland Hunt argued the appeal on behalf of Appellants in In re Niaspan Antitrust Litigation, No. 21-2895 (3d Cir.).
- The argument audio is available here.
- Law360 described the argument in Matthew Perlman, 3rd Circ. Panel Questions Niaspan Buyers' Class Data, Law360 (Sep. 6, 2022) (subscription required).
- On August 19, 2022, Deutsch Hunt PLLC filed an amicus brief on behalf of Casey Family Programs and Twenty-Six Other Child Welfare and Adoption Organizations in support of Federal and Tribal Defendants in Haaland v. Brackeen, Nos. 21-376 et al. (S. Ct.). The brief may be viewed here.
- On August 18, 2022, Deutsch Hunt PLLC filed a reply brief on behalf of qui tam relators in United States ex rel. Lovell & McKusick v. AthenaHealth, Inc., No. 22-1245 (1st Cir.). The brief may be viewed here.
- On August 1, 2022, Deutsch Hunt PLLC, as co-counsel to O'Melveny & Myers LLP, filed an amicus brief in support of Respondents in Students for Fair Admissions v. President and Fellows of Harvard College, Nos. 20-1199 et al. (S. Ct.). Ruthanne M. Deutsch represented 15 major American businesses as amici curiae. The brief may be viewed here.
- On June 27, 2022, Deutsch Hunt PLLC filed an opening brief on behalf of qui tam relators in United States ex rel. Lovell & McKusick v. AthenaHealth, Inc., No. 22-1245 (1st Cir.). The brief may be viewed here.
- On June 17, 2022, Hyland Hunt participated in the Supreme Court Review panel during the Federal Circuit Bar Association 2022 Bench & Bar Conference. The conference agenda may be viewed here.
- On May 9, 2022, Deutsch Hunt PLLC filed a reply brief in support of certiorari in Rudisill v. Int'l Ass'n of Machinists & Aerospace Workers, No. 21-956 (S. Ct.). The brief may be viewed here.
- On April 26, 2022, Hyland Hunt participated on a panel regarding Preparing for and Delivering Oral Argument as faculty for PLI's 2022 Appellate Advocacy program. More information on the program may be viewed here.
- On April 19, 2022, Deutsch Hunt PLLC filed an amicus brief on behalf of the National Music Publishers' Association, Recording Industry Association of America, and Copyright Alliance, in support of Plaintiffs-Appellants in Capitol Records, LLC v. Vimeo, Inc., No. 21-2949 (2d Cir.). The brief may be viewed here.
- On April 18, 2022, Deutsch Hunt PLLC filed a reply brief on behalf of Plaintiffs-Appellants, end payors for the prescription drug Niaspan, in In re Niaspan Antitrust Litig., No. 21-2895 (3d Cir.). The brief may be viewed here.
- On April 15, 2022, Ruthanne Deutsch was quoted in news coverage of the Ninth Circuit's denial of Apple's petition for en banc rehearing in Gregorini v. Apple Inc., describing how "Our team is looking forward to moving on with the case and beginning discovery." Read Gina Kim, 9th Circ. Won't Rehear IP Suit Against Shyamalan, Apple, Law360 (Apr. 15, 2022) (subscription required).
- On April 1, 2022, Deutsch Hunt PLLC filed an amicus brief on behalf of America's Health Insurance Plans in Pfizer, Inc. v. U.S. Department of Health and Human Services, No. 21-2764 (2d Cir.). The brief may be viewed here.
- On February 22, 2022, a week after the argument, the Ninth Circuit reversed the district court's dismissal of copyright claims in Gregorini v. Apple Inc., Nos. 20-55664, -55846 (9th Cir.), agreeing with arguments made by Ruthanne Deutsch that dismissal was “improper because reasonable minds could differ on the issue of substantial similarity" and because discovery, including expert evidence, "could shed light on [the] issues that actually matter to the outcome."
- The decision may be viewed here. Several press outlets covered the decision:
- Read Blake Brittain, Apple and M. Night Shyamalan must face director's lawsuit in latest court twist, Reuters (Feb. 23, 2022).
- Read Edvard Pettersson, Ninth Circuit revives copyright suit over Apple series ‘Servant', Courthouse News Service (Feb. 22, 2022).
- Read Kyle Jahner, Apple's Escape from 'Servant' Copyright Claims Axed by 9th Cir., Bloomberg Law News (Feb. 22, 2022) (subscription required).
- Read Lauren Berg, 9th Circ. Revives IP Fight Over Apple, Shyamalan Series, Law360 (Feb. 22, 2022) (subscription required).
- On February 14, 2022, Ruthanne Deutsch argued the appeal on behalf of Appellant in Gregorini v. Apple Inc., Nos. 20-55664, -55846 (9th Cir.).
- The argument may be viewed here.
- Bloomberg Law quoted Ruthanne's argument distinguishing other copyright cases and explaining that "'It's not a canvas, it's a 3D, 90-minute world where every choice is the result of creative collaboration.'" Read Kyle Jahner, Apple Defends 'Servant' Copyright Suit Dismissal to 9th Cir., Bloomberg Law News (Feb. 14, 2022) (subscription required).
- Law360 quoted Ruthanne's explanation that the "selection and arrangement test" is "'meant to prevent the court from breaking works into such detailed components that you lose what the work is about.'" Read Andrew Karpan, 9th Circ. Mulls Reviving IP Fight Over Shyamalan Series, Law360 (Feb. 14, 2022) (subscription required).
- On January 31, 2022, Deutsch Hunt PLLC filed an amicus brief on behalf of America's Health Insurance Plans in American Medical Association v. U.S. Department of Health and Human Services, No. 1:21-cv-3231 (D.D.C.). The brief may be viewed here.
- On January 25, 2022, Deutsch Hunt PLLC filed an amicus brief on behalf of America's Health Insurance Plans in Association of Air Medical Services v. U.S. Department of Health and Human Services, No. 1:21-cv-3031 (D.D.C.). The brief may be viewed here.
- On January 18, 2022, Deutsch Hunt PLLC filed an amicus brief on behalf of America's Health Insurance Plans in Texas Medical Association v. U.S. Department of Health and Human Services, No. 6:21-cv-425 (E.D. Tex.). The brief may be viewed here.
- On January 12, 2022, Deutsch Hunt PLLC filed an opening brief on behalf of Plaintiffs-Appellants, end payors for the prescription drug Niaspan, in In re Niaspan Antitrust Litig., No. 21-2895 (3d Cir.). The brief may be viewed here.
- On January 10, 2022, Ruthanne Deutsch was featured in The Appellate Project's #MotivationalMonday feature, sharing advice for aspiring appellate practitioners. The Appellate Project's mission is to empower law students of color to thrive in the appellate field. Read Ruthanne's #MotivationalMonday post on LinkedIn.
- On January 7, 2022, Ruthanne Deutsch was quoted in an article discussing the government's delay in filing a brief in response to the Supreme Court's call for the views of the Solicitor General in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, No. 20-891 (S. Ct.), a case addressing patent eligibility. Ruthanne "suggested that the delay stems from a combination of factors: 'a late-appointed PTO director; the multitude of federal agencies to hear from that are concerned with IP policy or either hold patents or use others' patents and have (sometimes conflicting) stakes in patent cases; and the unusual press of emergency business before OSG these past months.'" Read Perry Cooper and Kimberly Strawbridge Robinson, Government's Delay Pushes Patent Eligibility Out of SCOTUS Term, Bloomberg Law (Jan. 7, 2021) (subscription required).
- On January 6, 2022, Deutsch Hunt PLLC filed an amicus brief on behalf of members of the Congressional Native American Caucus at the certiorari stage in Penobscot Nation v. Frey, Nos. 21-838, 21-840 (S. Ct.). The brief may be viewed here.