McDermott Will & Emery

Once Invalid, Always Invalid: The Federal Circuit Clarifies Application of Issue Preclusion - Soverain Software LLC v. Victoria’s Secret Direct Brand Management, LLC

Clarifying the application of issue preclusion in the context of patent invalidity, the U.S. Court of Appeals for the Federal Circuit explained that its prior judgment of obviousness applies to all subsequent parties, even if…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit Confines De Novo Claim Construction Review by Limiting Consideration to Intrinsic Evidence - In re Papst Licensing Digital Camera Patent Litigation

Addressing for the first time the issue of claim construction since the U.S. Supreme Court’s recent decision in Teva, the U.S. Court of Appeals for the Federal Circuit applied a de novo standard of review, giving no deference to…more
| Civil Procedure, Intellectual Property

Appellate Review of Claim Construction Still De Novo if Based Solely on Intrinsic Evidence - Fenner Investments, Ltd. v. Cellco Partnership; Pacing Technologies, LLC v. Garmin Int’l, Inc. et al.

Two appeals following the Supreme Court’s modification of the standard of appellate review on claim construction in Teva Pharm. USA, Inc. v. Sandoz, Inc. (IP Update,Vol. 18, No. 1) indicate that it is largely business as usual…more
| Civil Procedure, Intellectual Property

Increasing Antitrust Risk in Non-Reportable Transactions – DOJ Obtains Disgorgement of Profits in Tour Bus Settlement

The U.S. Department of Justice (DOJ) recently reached a settlement with Coach USA Inc. and City Sights LLC, breaking up their joint venture. The DOJ also employed the rarely used remedy of disgorgement to recover $7.5 million…more
| Antitrust & Trade Regulation, Civil Remedies, Commercial Law & Contracts, Mergers & Acquisitions, Transportation

FDA Issues Draft Guidance on Use of Electronic Informed Consent in Clinical Trials

On March 9, 2015, the U.S. Food and Drug Administration (FDA) released a draft guidance, Use of Electronic Informed Consent in Clinical Investigations – Questions and Answers, that provides recommendations for clinical…more
| Health, Science, Computers, & Technology

Paukenschlag in erster Instanz: Ausländische Arbeitnehmer zählen bei Schwellenwerten zur Unternehmensmitbestimmung mit

Urteil des Landgerichts Frankfurt a.M. vom 16.2.2015 (3-16 O 1/14) – Hinzurechnung ausländischer Arbeitnehmer bei Unternehmensmitbestimmung - Die FAZ vom heutigen Tage berichtet über einen Rechtsstreit vor dem Landgericht…more
| Business Organizations

Certificated Natural Gas Storage Capacity Is Based on Science Not Sales, FERC Rules

The Federal Energy Regulatory Commission (the Commission) issued an order on Thursday, March 19, 2015, refusing to allow the abandonment of certificated working gas capacity when the reason for the request was unrelated to the…more
| Administrative Law, Energy & Utilities, Zoning, Planning & Land Use

Supreme Court Asked to Clarify the Reach of U.S. Antitrust Laws to Foreign Conduct

On March 16, 2015, AU Optronics Corporation America Inc. (AU Optronics) and Motorola Mobility LLC separately asked the U.S. Supreme Court to clarify the Foreign Trade Antitrust Improvements Act (FTAIA) and the extent to which…more
| Antitrust & Trade Regulation, Business Organizations, Consumer Protection, International Law & Trade

Eleventh Circuit Clarifies “Willfulness” Standard in Copyright Infringement Actions - Olem Shoe Corp. v. Washington Shoe Corp.

In an unpublished decision, the Court of Appeals for the Eleventh Circuit clarified its standard for willful copyright infringement when it affirmed the district court’s grant of summary judgment finding that the defendants…more
| Civil Procedure, Intellectual Property

Duty to Defend Only Triggered Where Subject Activities Are Specified in the Policy - Nationwide Mutual Insurance Co. v. Gum Tree Prop. Management, LLC

Finding that the specific allegations made in a plaintiff’s civil petition filed against an insurance policy holder did not meet the specifications of the insured’s policy, the U.S. Court of Appeals for the Fifth Circuit upheld…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Insurance

Allocation of Copyright Damages for Co-Owners - In re Isbell Records, Inc.

Addressing for the first time the issue of whether a partial owner of a copyright can be awarded infringement damages for his co-owner’s share, the U.S. Court of Appeals for the Fifth Circuit determined that a partial copyright…more
| Art, Entertainment, & Sports Law, Civil Remedies, Intellectual Property

Captive Insurance Carve-Out: Illinois SB 1573 Amendment Proposed

Members of the Illinois General Assembly continue to make efforts to ameliorate the impact of Illinois’ new self-procurement tax on captive insurance. On March 10, 2015, Sen. William Haine (D-Alton) filed an amendment to Senate…more
| Elections & Politics, Insurance, Taxation

IRS Issues Additional Guidance on Beginning of Construction Rules for Renewable Projects

The Internal Revenue Service (IRS) issued Notice 2015-25 (Notice) on March 11, 2015, to provide further guidance on meeting the beginning of construction requirements for wind and other qualified facilities (biomass, geothermal,…more
| Construction Law, Energy & Utilities, Environmental Law, Taxation

Contempt Charge Vacated Based On Valid Assertion of Attorney Client Privilege - Waste Management of Washington, Inc. v. Kattler et al.

Finding that a district court had not provided procedural due process to an attorney for a sanctioned party, and that the district court abused its discretion in imposing sanctions for civil contempt against the attorney, the…more
| Civil Procedure, Civil Remedies

FDA Issues Revised Draft Guidance on Disclosures of Risk Information in Consumer-Friendly Print Advertisements and Promotional Labeling

The U.S. Food and Drug Administration (FDA) recently released its Revised Draft Guidance entitled “Brief Summary and Adequate Directions for Use: Disclosing Risk Information in Consumer-Directed Print Advertisements and…more
| Administrative Law, Communications & Media Law, Consumer Protection, Health, Science, Computers, & Technology
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