News & Analysis as of

Adverse Judgments

Jones Day

Director Says Not Filing Mandatory Notices and POPR Does Not Justify Adverse Judgment

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In a sua sponte Director Review, USPTO Director Vidal vacated an adverse judgement against Patent Owner for Patent Owner’s failure to submit a mandatory notice of information or file a preliminary response to a Petition...more

McDermott Will & Emery

From Oops to Encore: The Board’s Premature Adverse Judgment

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The Director of the US Patent & Trademark Office (PTO) overturned the Patent Trial & Appeal Board’s premature adverse judgment against a patent owner and remanded an inter partes review (IPR) proceeding based on the fact that...more

McAfee & Taft

Calling Bull: Challenging USDA agencies’ adverse decisions through the National Appeals Division

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The United States Department of Agriculture (USDA), acting through its various agencies, including the Farm Service Agency (FSA) and the Natural Resources Conservation Service (NRCS), offers a variety of loan, risk...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends: 2023 PTAB Case Highlights

Precedential Decisions - Penumbra, Inc. v. RapidPulse, Inc., IPR2021-01466, Paper 34 (March 10, 2023) (designated: November 15, 2023) (regarding prior art status under AIA § 102) The Director designated as precedential...more

Akin Gump Strauss Hauer & Feld LLP

Withholding Data That PTAB Would Deem Relevant to Patentability Supports Adverse Judgment in an IPR

The Patent Trial and Appeal Board (PTAB) granted Petitioner’s motions to sanction Patent Owner for failure to meet its duty of candor and fair dealing in five related inter partes review  proceedings. The PTAB found that...more

ArentFox Schiff

Big Lie Means Big Payout in Defamation Lawsuit Against Fox News

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Immediately before opening statements were to begin, Dominion settled its defamation lawsuit against Fox News for its coverage of Donald Trump’s “Big Lie” about the 2020 presidential election for a landmark $787.5 million. ...more

McDermott Will & Emery

“Open Sesame” Without Translation Won’t Open Door to Trademark Registration

The Trademark Trial & Appeal Board (Board) addressed, for the first time, whether an applicant is required to submit an English translation for a word that is created by spelling out the pronunciation of Chinese characters...more

Akin Gump Strauss Hauer & Feld LLP

USPTO Director: Adverse Judgment Not Appropriate Where There Was No 'Unequivocal' Abandonment

The USPTO Director recently conducted sua sponte review of a Patent Trial and Appeal Board decision granting adverse judgment in four IPR proceedings where a panel found that the patent owner had abandoned the contests. In a...more

McDermott Will & Emery

Deleting Goods from Registration Subject to Cancellation During Audit May Result in Adverse Judgment

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The Trademark Trial & Appeal Board (Board) addressed, for the first time, whether the deletion of goods and services as a result of a post-registration audit during a cancellation proceeding triggers Trademark Rule 2.134 and...more

Foley & Lardner LLP

New Hope for Patent Owners Who Can’t or Don’t File Formal Responses?

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Apple Inc. v. Zipit Wireless, Inc. (IPR2021-01124, -01125, -01126, -01129) - Director Kathi Vidal has issued a new precedential decision sua sponte that impacts the standard for abandonment of contest in inter partes...more

Keating Muething & Klekamp PLL

United States Supreme Court Clarifies Boundaries of Federal Civil Rule 60(b)

Getting a trial court to rethink its prior decision is a steep climb. The United States Supreme Court’s decision in Kemp v. United States, issued June 13, 2022, makes achieving such outcomes easier in one sense, but more...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Kemp v. United States

On June 13, 2022, the U.S. Supreme Court decided Kemp v. United States, No. 21-5726, holding that the term “mistake” in Federal Rule of Civil Procedure 60(b)(1) includes a judge’s errors of law, and therefore Petitioner...more

Robinson+Cole ERISA Claim Defense Blog

Second Circuit Clarifies That Reclassification of Health Status That Limits Scope of Disability Benefits Does Not Constitute...

In Ruderman v. Liberty Mut. Grp., Inc., No. 21-817, 2022 WL 244086 (2d Cir. Jan. 27, 2022), the U.S. Court of Appeals for the Second Circuit ruled that reclassification of a claimant’s disability from one that is...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Supreme Court Applies Adverse Judgment Rule, Rejects Statute of Limitations Defense in Legal Malpractice Claim

The Illinois Supreme Court held that hiring new counsel and incurring legal fees did not, by itself, trigger the two-year statute of limitations to file a legal malpractice action (735 ILCS 5/13-214.3(b)) because plaintiffs...more

Faegre Drinker Biddle & Reath LLP

The Additional Cost of an Adverse Judgment: Illinois’ New Prejudgment Interest Act

For many years, Illinois plaintiffs in personal injury and wrongful death actions have been entitled to statutory postjudgment interest, currently at a rate of 9% per year. (735 ILCS 5/2-1303(a)). Prejudgment interest,...more

Jones Day

PTAB Declines To Enter Adverse Judgment Against Pre-Institution Disclaimed Claims

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Although the Federal Circuit had previously held that the PTAB may enter adverse judgment when a patent owner disclaims all claims challenged in an inter partes review (“IPR”) petition before an institution decision, in...more

Franczek P.C.

Don’t Be Spooked! Adverse Discrimination and Harassment Case Disclosures due to the IDHR by October 31

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As previously reported, the Illinois Human Rights Act was amended to require employers to report adverse judgments and administrative rulings in cases involving sexual harassment or unlawful discrimination to the Illinois...more

Perkins Coie

Updated Guidance For Employers On The Illinois Workplace Transparency Act’s Disclosure Mandate: Adverse Judgment Reports Due By...

Perkins Coie on

Nearly one year after Governor JB Pritzker signed the Illinois Workplace Transparency Act (WTA), the Illinois Department of Human Rights (IDHR) issued much-needed guidance on one of the WTA’s most arduous requirements—the...more

Amundsen Davis LLC

Illinois Releases Disclosure Form For Employers To Report Adverse Judgments And Administrative Rulings Related To Sexual...

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In August 2019, SB0075 – the Workplace Transparency Act – was signed in Illinois. The Act created a number of new requirements for employers including, but not limited to, a new reporting requirement regarding adverse...more

Jackson Lewis P.C.

Illinois Employers Must Report Final Adverse Judgments, Administrative Rulings By October 31, 2020

Jackson Lewis P.C. on

The first annual report to the Illinois Department of Human Rights (IDHR) of employers’ information about adverse judgments or administrative rulings against them in the prior year is due October 31, 2020. Section 2-108 of...more

Fisher Phillips

July 2020: The Top 17 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Illinois Issues Guidance For Employers’ Requirement To Report Adverse Judgments And Administrative Rulings

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After state lawmakers passed sweeping expansions to the Illinois Human Rights Act (IHRA) in August 2019, employers have been left in the dark as to how the state would interpret and enforce the new requirement forcing...more

Bass, Berry & Sims PLC

Chris Lazarini Reviews Anti-Manipulation Provision of the Commodity Exchange Act

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Bass, Berry & Sims attorney Chris Lazarini reviewed a case in which a putative class of individuals that transacted certain Korean futures contracts on the Korea Exchange through the Chicago Mercantile Exchange’s Globex...more

McDonnell Boehnen Hulbert & Berghoff LLP

Genentech, Inc. v. Iancu (Fed. Cir. 2020)

The Federal Circuit affirmed the Patent Trial and Appeal Board's (PTAB) claim construction (and inter partes review (IPR) decision invalidating claims for obviousness) in it recent Genentech, Inc. v. Iancu decision, and also...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2019 Report: Federal Circuit Appeals from the PTAB - Summaries of Key 2018 Decisions: Arthrex, Inc. v. Smith & Nephew, Inc., 880...

Smith & Nephew petitioned for inter partes review (IPR) of Arthrex’s patent. After the petition was filed, but before the Board issued an institution decision, Arthrex statutorily disclaimed all the challenged claims under 37...more

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