News & Analysis as of

Appeals

Buyer Beware: Make Sure Your Copyright Assignment Is Valid

by Payne & Fears on

You are in negotiations with a copyright owner to obtain a license to her work, which you want to publish, distribute, and/or license yourself. You want to ensure that you have the right to enforce the copyright against...more

Reviewing the Justices’ Voting Records in Death Penalty Appeals, 1990-2010 (Part 1)

by Sedgwick LLP on

Last week, we discussed the data on how often the Justices of the Court voted with the majority in the Illinois Supreme Court’s death penalty cases between 1990 and 2010 (after which the death penalty was abolished). This...more

No Twist on Pretzel Crisps on Remand

In a 54 page decision issued on September 6, 2017, the Trademark Trial and Appeal Board (the “Board”) ended (again) a long-standing dispute between snack food makers Frito-Lay, Inc. (“Frito”) and Princeton Vanguard, LLC...more

Court of Appeals Reverses D.D.C. Order Requiring HHS to Eliminate Medicare Appeals Backlog by December 31, 2020

by Baker Ober Health Law on

Hopes were dashed for sooner relief from the backlog of Administrative Law Judge (ALJ) appeals. With the backlog of Medicare reimbursement appeals steadily growing, a reversal by the U.S. Court of Appeals for the District of...more

You Can’t Ignore RESPA Section 8(c)

by Foley & Lardner LLP on

It’s been over a year since the Consumer Financial Protection Bureau (CFPB) turned the real estate settlement services industry on its head by announcing in its first ever administrative appeal that Section 8(c) of the Real...more

Up, up and away: BC Court of Appeal dismisses unjust enrichment class action against international airlines

by DLA Piper on

On September 12, 2017, Mr. Justice Groberman, writing for the BC Court of Appeal, upheld the decision of the BC Supreme Court in Unlu v Air Canada, 2015 BCSC 1453 (“Unlu”), refusing to certify as class proceedings five...more

Ninth Circuit Rejects DOL’s “80/20 Rule” for Sidework: What This Means for Employers of Tipped Employees

by Payne & Fears on

The Ninth Circuit Court of Appeals recently rejected the U.S. Department of Labor’s (“DOL”) tip-credit guidance, commonly known as the “80/20 rule,” as well as its guidance on tasks unrelated to a tipped occupation. The...more

At The Bench: 2017 Mid-Year Case Review

Impression Prods. v. Lexmark Int’l, 137 S. Ct. 1523, 581 U.S. ___ (2017) The Supreme Court held that all patent rights are exhausted upon the first sale of a patented product, regardless of where the sale is made or...more

WV Supreme Court Dissolves Circuit Court's Preliminary Injunction Against Right-to-Work Law

West Virginia's right-to-work law is now effective and, while the legal challenge against the law may continue, the likelihood of success of the challenge is bleak, on its very best day....more

Unlicensed Contractor Shoots for the Stars . . . Sputters on Takeoff

Elon Musk . . . Eccentric engineer. Technology billionaire. And, now, litigation bad ass. Frequent readers of the California Construction Law Blog know that we’ve talked about the importance of being properly...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Allied v. OSMI, the Circuit affirms dismissal of a declaratory judgment action even though Allied’s Mexican distributors had been sued in Mexico on a corresponding Mexican patent. In a first Waymo v. Uber case, the panel...more

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

CAFC Finds Harmless Error in USPTO Reliance On Doctrine of Inherency

by Foley & Lardner LLP on

In Southwire Co. v. Cerro Wire LLC, the Federal Circuit upheld the USPTO decision rendered in an inter partes reexamination proceeding that found Southwire’s patent invalid as obvious. Although the court found that the USPTO...more

Case Law Suggests Use Of Expert Opinion For Determining IPR Estoppel Of Grounds That Petitioner "Reasonably Could Have Raised"

by Brinks Gilson & Lione on

Under 35 U.S.C. § 315(e), a final written decision in an inter partes review (“IPR”) by the Patent Trial and Appeal Board (“PTAB”) results in estoppel of certain actions by the petitioner. Specifically, under 35 U.S.C. §...more

Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action

by Snell & Wilmer on

In Arizona, a party successfully quieting title to property may recover its attorneys’ fees if it satisfies three requirements: (1) the party requests a quitclaim deed from the party adversely claiming title twenty days...more

Federal Circuit Review - August 2017

by Knobbe Martens on

District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness - In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district...more

Federal Circuit Reverses PTAB for Refusing to Allow Supplementation of Record to Add Later Inconsistent Deposition Testimony from...

The Board exercises substantial power over the scope of the record in IPRs, but the Federal Circuit’s decision in Ultratec v. CaptionCall illustrates a limit on that power. The case involved a collection of consolidated IPR...more

600,000 Reasons to Comply with the Fair Credit Reporting Act

by Ward and Smith, P.A. on

The United States Court of Appeals for the Fourth Circuit—which covers federal courts in North Carolina—recently affirmed a borrower’s victory against a loan servicer under the federal Fair Credit Reporting Act (“FCRA”). In...more

Measuring Influence in Death Penalty Cases – Which Justices Were Most Often in the Majority (Part 2)?

by Sedgwick LLP on

Yesterday, we began our review of the individual Justices’ voting records in death penalty cases, discussing the data on the percentage of the time each Justice voted with the majority in death penalty appeals for the years...more

WEB EXCLUSIVE: Should Employees Receive Compensation For Off-The-Clock Cell Phone Use?

by Fisher Phillips on

You might hate to admit it, but it’s true: mobile devices are the adult version of a toddler’s teddy bear. They give us comfort and a sense of belonging. We carry them everywhere and traveling without them makes us feel like...more

Will This Term of Wisconsin’s Supreme Court Be the Last for Agency Deference in Wisconsin?

by Foley & Lardner LLP on

Justice Neil Gorsuch’s confirmation process earlier this year brought attention to the issue of agency deference, given a concurring opinion that he had written in Gutierrez-Brizuela v. Lynch, 834 F.3d 1142, 1149 (10th Cir....more

Measuring Influence in Death Penalty Cases – Which Justices Were Most Often in the Majority (Part 1)?

by Sedgwick LLP on

Earlier this week, we reviewed the data on the percentage of the time each Justice of the Illinois Supreme Court voted with the majority in death penalty cases. Today and tomorrow, we’ll be reviewing the same measure for the...more

Objective Indicia Were Properly Considered and Did Not Save Cookie Package Patent from Summary Judgment of Obviousness

In Intercontinental Great Brands LLC v. Kellogg North American Co., [2015-2082, 2015-2084] (September 7, 2017), the Federal Circuit affirmed summary judgment that Kraft’s U.S. Patent No. 6,918,532 was invalid for obviousness,...more

Employee privacy and monitoring

by Dechert LLP on

The Grand Chamber of the European Court of Human Rights (ECtHR) held in Barbulescu v Romania (Application no. 61496/08) last week that there was a breach of the right to privacy where an employer searched the contents of an...more

Important Changes To The Tennessee Rules Of Appellate Procedure: Six Things You Need To Know

Effective July 1, 2017, the Tennessee Rules of Appellate Procedure have changed. Many of these changes were implemented to reflect the appellate court clerk’s implementation of electronic filing this year. Here’s what you...more

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