McDermott Will & Emery

227 West Monroe Street
Chicago, IL 60606, United States

  • +1 312 372 2000
  • +1 312 984 7700

The IRS May Require Taxpayers to File Formal Refund Claims During an Audit

The Internal Revenue Service (IRS) has drafted new rules relating to the filing of informal refund claims during an examination. An informal refund claim is a request for a refund by the taxpayer either in a written form, but…more
| Taxation

False Origin Claims Applicable to Services as Well as Goods

M. Arthur Gensler, Jr. & Assoc. v. Strabala - Clarifying prior Lanham Act case law related to false designation of origin, the U.S. Court of Appeals for the Seventh Circuit vacated a district court’s dismissal under Fed…more
| Civil Procedure, Intellectual Property

Supreme Court’s 2014-15 Term: Case Will Test an Important Limitation on the Ability to Challenge State Tax Laws

On December 8, 2014, the United States Supreme Court will hear oral argument in a case that could have significant implications for the ability to use the federal courts to challenge state attempts to tax remote sellers of…more
| Commercial Law & Contracts, Taxation

Holy Non-Infringement, Batman!

Fortres Grand Corporation v. Warner Bros. Entertainment Inc. - The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product was…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Constitutional Law, Intellectual Property, Science, Computers, & Technology

Ninth Circuit Finds Permanent Injunction Questionable Despite Trademark Infringement

La Quinta Worldwide LLC v. Q.R.T.M., S.A. De C.V., dba Quinta Real - While affirming trademark infringement with respect to a Mexican hotel chain’s use of its trademark in the United States, the U.S. Court of Appeals for…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property, International Law & Trade

Expungement of Unauthorized Filings Under 37 CFR § 42.7(a)

MotivePower, Inc. v. Cutsforth, Inc. - In a sua sponte order concerning an inter partes review (IPR) proceeding, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (Board) expunged from the record in a…more
| Civil Procedure, Intellectual Property

New Jersey Division of Taxation’s 2014 Tax Resolution Initiative – Not To Be Confused With An Amnesty

The New Jersey Division of Taxation (Division) is trying to help taxpayers resolve unpaid tax liabilities for tax periods 2005 through 2013. Through November 17, 2014, the Division is offering taxpayers that pay all tax and…more
| Taxation

New Jersey Tax Court Finds Two Pennsylvania Taxes Are Not Required To Be Added Back

In a Corporation Business Tax (CBT) case, PPL Electric Utilities Corporation v. Director, Division of Taxation, Dkt. No. 000005-2011 (N.J. Tax. Ct. Oct. 2, 2014), the Tax Court of New Jersey found for the taxpayer and held that…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Taxation

Inter Partes Review Not Stayed, Despite Looming Patent Ownership Trial

Symantec Corp. v. RPost Commc’ns Ltd. - Addressing a motion to stay an inter partes review (IPR) by the patent owner, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB, the Board) denied the…more
| Civil Remedies, Civil Rights, Intellectual Property

PTAB on Analogous Art

Schott Gemtron Corp. v. SSW Holding Co., Inc. - In a final written decision addressing the patentability of claims challenged as obvious, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB, the…more
| Civil Procedure, Intellectual Property

Counsel May Confer with a Witness Between Cross-Examination and Re-Cross, but the Witness Might Be Re-Crossed on the Substance of Such a Discussion

Organik Kimya AS v. Rohm and Haas Co. - In an order regarding allowable communications between counsel and witness, the Patent Trial and Appeal Board (PTAB) held that counsel may confer with a witness between the end of…more
| Civil Procedure, Intellectual Property

No Motivation to Combine Where Combination Requires Complete Redesign

Shaw Industries Group, Inc. v. Automated Creel Systems, Inc. - In a final written decision for two consolidated inter partes review (IPR) proceedings, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board…more
| Civil Procedure, Intellectual Property

PTAB Grants Request for Rehearing Relating to Procedure for Serving Petitions

Facebook, Inc. v. Rembrandt Social Media, L.P. - In an order granting a request for rehearing to address the issue of a filing date of a petition for inter partes review (IPR), the U.S. Patent and Trademark Office’s…more
| Civil Procedure, Intellectual Property

Gesetzentwurf zur Tarifeinheit

Bundesarbeitsministerin Andrea Nahles hat eine Erklärung zum Vorhaben “Tarifeinheit” abgegeben. Der Gesetzentwurf dazu, der sich eng an das im Koalitionvertrag Niedergelegte halten soll, wurde noch nicht vorgelegt…more
| Labor & Employment Law

DOJ Issues First Business Review Letter Following Agencies’ Joint Policy Statements on Cybersecurity

On October 2, 2014, the U.S. Department of Justice (DOJ) issued its first business review letter since issuing jointly with the Federal Trade Commission (FTC) the Agencies’ Antitrust Policy Statement on Sharing of Cybersecurity…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Privacy, Science, Computers, & Technology
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