5th Circ. Nixes Late Fraud Suit Against Avery, Renner Otto

Law360, Houston (September 25, 2013, 4:14 PM EDT) -- Avery Dennison Corp. and Renner Otto Boisselle & Sklar LLP dodged a Texas company’s fraud suit over a rejected personalized postage patent application Tuesday when the Fifth Circuit ruled the case was filed too late.

The Fifth Circuit panel said a fraud and breach of fiduciary duty suit San Antonio-based USPPS Ltd. launched in November 2007 should have been filed six months earlier, given that Avery and Renner’s alleged bungling of the patent’s prosecution occurred no later than May 2003.

“USPPS filed suit more than four...
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