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District Court vs. PTAB: Strategic Forum Selection in Life Sciences Patent Disputes
December 10, 2026 | 12:00 PM – 1:00 PM ET
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Press Coverage June 25, 2024
Shawn Zovod, a partner in Troutman Pepper’s Environmental + Natural Resources Practice Group, was quoted in the June 25, 2024 The National Law Journal article, “EPA Wins Federal Court Challenge to Amended ‘Waters of the United States’ Rule.”
“I don’t think that this case is necessarily going to affect the bigger picture litigation because it was such a narrow rule,” said Shawn Zovod, a partner at Troutman Pepper.
“Maybe we will see this come back up in a different court. I mean, it’s certainly conceivable a different court would have a different opinion of it,” Zovod said. “But to me, it was almost like a little bit of a test, saying, ‘Hey, can we get this interpretation past a court where both [terms] are required’ and the court came back and pretty clearly said, ‘no, that’s not the way we’re going to interpret this.'”
Boyle stated the rule “faithfully conforms” to Sackett. But Zovod said, “That’s an overstatement and overly broad statement, and I don’t think that’s going to set a precedent in the other litigation.”
…
Zovod also cited the agency’s cycle regarding the waters of the United States rule with an eye toward November’s presidential election.
“Regardless of whether we get another administration that tries to redefine the rule again, I think that there are still outstanding questions about which waters, other than just wetlands, are truly subject to federal jurisdiction under the Clean Water Act,” Zovod said. “We’re going to see this within the next decade probably go back up to the Supreme Court for further interpretation.”
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Firm Events
District Court vs. PTAB: Strategic Forum Selection in Life Sciences Patent Disputes
December 10, 2026 | 12:00 PM – 1:00 PM ET
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Performance on Trial: The Construction Manager’s Standard of Care Examined from All Angles
December 2, 2026 | 4:15 PM – 5:30 PM ET
The Hyatt Regency Huntington Beach
Huntington Beach, CA
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ACI’s 31st Annual Conference on Drug & Medical Device Litigation – 2026
December 2 – 3, 2026
New York Marriott Marquis
1535 Broadway, New York, NY 10036
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Fundamentals of Investment Adviser Regulation 2026
November 19, 2026 | 2:30 PM – 3:30 PM ET
PLI New York
1177 Avenue of the Americas, Entrance on 45th Street, New York, NY 10036
Leading the energy evolution.
Learn more
Staying ahead of financial services change.
Learn more
Helping you focus on what matters – improving human health.
Learn more
100+ years advising insurers and reinsurers. Troutman Pepper Locke delivers regulatory, transactional, litigation, insurtech, and cyber insurance counsel nationwide.
Learn more
Your go-to firm for middle-market private equity.
Learn more
Full-service legal advice from coast to coast.
Learn more
Applying radical applications of common sense
Explore More
Our standard-setting client experience program.
Explore more
Delivering life-changing help to those most in need.
Explore More
Our firm’s greatest asset is our people.
Explore More
Market-leading eDiscovery and data management services.
Explore more
The Pepper Center for Public Services
Explore more
Strategies helps businesses and individuals solve the complexities of dealing with the government at every level. Our team of specialists concentrate exclusively on government affairs, representing clients nationwide who need assistance with public policy, advocacy, and government relations strategies.
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
eMerge’s lawyers and technologists work together to deliver strategic end-to-end eDiscovery and data management solutions for litigation, investigations, due diligence, and compliance matters. We help clients discover the information necessary to resolve disputes, respond to investigations, conduct due diligence, and comply with legal requirements.
Stay ahead of the curve and in touch with our latest thinking on the issues that are top of mind across our practices and industry sectors.
Change happens fast in today’s turbulent world. Stay on top of the latest with our industry-specific channels.
Take a closer look at how we partner with clients to help them realize their goals.