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Searching Content from United States indexed under Litigation, Mediation & Arbitration ordered by Published Date Descending.
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1
Anticipation Requires More Than A Reference That Discloses All The Elements
In Microsoft Corp. v. Biscotti, Inc., Nos. 2016-2080, -2082, -2083, 2017 WL 6613262 (Fed. Cir. Dec. 28, 2017)...
United States
16 Jan 2018
2
PTAB Clarifies 315(B) Positions With Informative Opinions
The Patent Trial & Appeal Board (PTAB) has designated the following decisions, which involve 35 U.S.C. § 315(b), as informative.
United States
16 Jan 2018
3
Seventh Circuit Says: Clear Error Standard Applies To Court Review Of Withdrawal Liability Arbitrator's CBA Interpretation
The Seventh Circuit has now applied a clear error standard of review to a withdrawal liability arbitrator's interpretation of a collective bargaining agreement, thus enhancing ...
United States
16 Jan 2018
4
An Email Between Vendor And Subvendor Is Not A "Public Record"; Deliberative Process Exemption Does Not Apply Unless Opinions Or Recommendations Are Made
In Eggleston v. Asotin County, No. 34340-5-III, 2017 WL 6388976 (December 14, 2017), Division Three upheld the trial court's decisions, holding that (1) an email between a contractor...
United States
16 Jan 2018
5
The Lanham Act In The Entertainment Industry – 2017 Highlights
Last year saw two major Lanham Act cases in the entertainment industry: Incarcerated Entm't, LLC v. Warner Bros. Pictures, 261 F. Supp. 3d 1220 (M.D. Fla. 2017) ...
United States
16 Jan 2018
6
CAFC Reverses Course On Reviewing IPR Timeliness
On January 8, 2018, in Wi-Fi One, LLC v. Broadcom Corp., the Federal Circuit rendered an en banc decision holding that the PTAB's determination that a petition for inter partes review ...
United States
16 Jan 2018
7
Fifth Circuit Affirms Court's Authority To Rule On Question Of Arbitrability And Finds Injunctive Relief Was Not Subject To Arbitration
A Texas federal court determined that, pursuant to the parties' contract, the dispute was not arbitrable because the plain language of the arbitration clause expressly excluded suits that involved requests for injunctive relief, ...
United States
16 Jan 2018
8
The Constitutionality Of Inter Partes Review: Considering The Outcomes Of The Supreme Court's Oil States Decision
Inter partes review has, in a very short time, become a core part of patent litigation practice in the United States. In many cases it has replaced district-court litigation.
United States
16 Jan 2018
9
4 Key Trends In Workplace Class Action Litigation For 2017: #1 Class Action Settlements Video
In yesterday's blog, readers were given an extensive overview of the historically high numbers regarding class action settlements in 2017.
United States
15 Jan 2018
10
No Old Kentucky Home For Parallel FDCA-Based Tort Claims
Our only other encounter with Kentucky FDCA-based negligence per se claims involved a misbegotten case that held such a claim wasn't preempted, but didn't address the claim's viability under state law.
United States
15 Jan 2018
11
Reject The Mistaken Qui Tam FCA Resealing Doctrine
Resealing further hampers the ability of defendants to mount an effective defense as it delays their ability to know the precise charges and evidence against them.
United States
15 Jan 2018
12
United States
15 Jan 2018
13
Worcester Business Journal Publishes "10 Things I Know About: Causing & Preventing Business Litigation"
The Worcester Business Journal has published "10 things I know about: Causing & preventing business litigation" written by AiVi Nguyen. Below is an excerpt from the article:
United States
15 Jan 2018
14
Press Delete, Go Directly To Jail? The Scope Of The Computer Fraud And Abuse Act's Damage Provision
Can deleting information, even personal information, from your work computer land you in prison? That was the central question posed in USA v. Zeng, Case No. 4:16-cr-00172 in the Northern District of California.
United States
15 Jan 2018
15
4 Key Trends In Workplace Class Action Litigation For 2017: #1 Class Action Settlements
The monetary value of the top workplace class action settlements skyrocketed in 2017. Though all-time highs in this category were reached in each of the past three years ...
United States
15 Jan 2018
16
Two Federal Preemption Cases, One Consistent Outcome
On appeal, the Fifth Circuit examined whether Wilford waived the preemption argument by failing to plead the affirmative defense.
United States
15 Jan 2018
17
Empire Strikes Back: First Amendment Protects TV Series Title
To fail the second prong of the Rogers test, the creator must explicitly mislead consumers.
United States
15 Jan 2018
18
Federal Circuit Holds That IPR Time-Bar Determinations Can Be Appealed
Earlier this week, the Federal Circuit issued an en banc opinion in Wi-Fi One v. Broadcom that holds the PTAB's determinations of whether an IPR petition was timely filed under 35 U.S.C. § 315(b) are appealable.
United States
15 Jan 2018
19
Court Refuses To Reconsider Arbitrator's Factual Determinations
In a case emphasizing the deference courts give to factual findings of arbitrators, a magistrate judge in the Eastern District of New York has confirmed an arbitration award granting damages...
United States
12 Jan 2018
20
14th Annual Workplace Class Action Report: Overview Video (Video)
As our Annual Workplace Class Action Report discusses, 2017 was an exceptionally busy year in regards to workplace class action litigation.
United States
12 Jan 2018
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