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Insurance Coverage

U.S. District Court — Northern District of California
Uncategorized

Cox v. WSP USA Group Insurance Plan — N.D. Cal. lets transgender plan member’s ERISA challenge to facial gender-affirming surgery exclusion proceed

Judge Gilliam grants in part and denies in part WSP USA Group Insurance Plan’s motion to dismiss transgender plan member Andi Cox’s ERISA challenge to denial of facial gender-affirming surgery, holding her central claims survive while granting WSP’s motions to seal and to incorporate exhibits.

4th District Court of Appeal, Division Three
Uncategorized

People ex rel. Henggeler v. Dauod — Insurance-Fraud Qui Tam Suit Survives Public-Disclosure Bar Even When Based on Trial Testimony

Fourth District holds the public-disclosure bar in California’s Insurance Frauds Prevention Act stops a qui tam plaintiff only when the suit is based on publicly disclosed allegations or transactions of fraud — not when it merely uses publicly available information.

Unified Patent Court, Court of Appeal
Uncategorized

Meril v. Edwards Lifesciences (UPC_CoA_464/2024 et al., EP 3 646 825) — UPC Court of Appeal Same-Day Companion to Amgen v. Sanofi: “Same Parties” Test, Embodiment Coverage, and Non-Obvious-Alternative Inventive Step

Same-day companion to Amgen v. Sanofi/Regeneron, the UPC Court of Appeal in Meril v. Edwards held that the ‘same parties’ test under Art. 33(4) UPCA looks to identity of interests; that disclosed embodiments are generally covered by the patent claims unless the specification clearly teac

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