News & Analysis as of

Appeals Reversal

Federal Circuit Review - July 2017

by Knobbe Martens on

District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion...more

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

Visual Memory v. Nvidia reverses the grant of a motion to dismiss under Rule 12(b)(6), ruling that the claims recite an enhanced computer memory system and not an abstract idea under § 101. In Georgetown Rail v. Holland, the...more

Clarity in §101: Half of the Judges Considering the Question Find Plaintiff’s Computer Memory System to be Patentable Subject...

In Visual Memory LLC v. NVIDIA Corp., [2016-2254] (August 15, 2017), the Federal Circuit reversed the district court’s determination that Visual Memory’s U.S. Patent No. 5,953,740, on a memory system with programmable...more

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

This was a busy week for precedential cases at the Circuit. In AIA v. Avid, the Circuit rules that there is no right to a jury trial as to requests for attorney fees under § 285. In Romag v. Fossil, a majority rules that the...more

Fifth Circuit Ruling Emphasizes Importance of Establishing Factual Basis for Compensating Employees Using Fluctuating Workweek...

by Jackson Walker on

On August 4, 2017, the United States Court of Appeals for the Fifth Circuit issued an opinion in Hills v. Entergy Operations, Inc., addressing what it called the “tricky” and often “perplexing” task of determining a salaried...more

NLRB’s Acted More Like “Advocate Than Adjudicator” In Issuing Decision, DC Court of Appeals Concludes

When bargaining over an agreement, it is common to hear union representatives ask “why do we need such elaborate language in an agreement? We are always reasonable.” To which, the company usually responds, “We think you’re...more

Federal Circuit upholds Millennium’s Patent on Velcade®

by Knobbe Martens on

MILLENNIUM PHARMACEUTICALS, INC. v. SANDOZ INC - (Fed. Cir. July 17, 2017) (NEWMAN, Mayer, O’Malley) - This case arose out of an ANDA litigation between Millennium and a number of generic-drug companies who sought FDA...more

Ninth Circuit Reverses District Court Dismissal Of Securities Fraud Class Action, Holding That Non-Forward Looking Statements...

by Shearman & Sterling LLP on

On July 28, 2017, the United States Circuit Court of Appeals for the Ninth Circuit reversed a district court decision dismissing a putative class action lawsuit against Quality Systems, Inc., (“QSI” or the “Company”), a...more

Energy Newsletter - August 2017

by King & Spalding on

Practical Issues Under Joint Operating Agreements Relating to Withdrawals, Transfers and Changes in Control - In light of their long term objectives and potential future transactions, parties should consider the...more

Exhaustion of Plan Administrative Remedies: Important Considerations Following Hitchcock v. Cumberland

Recently, the Sixth Circuit ruled in Hitchcock v. Cumberland University 403(b) Plan that pension plan participants are not required to exhaust their plan’s administrative remedies before pursuing claims alleging statutory...more

Remand Where PTAB Decision Does Not Explain Reasoning, Account for All Evidence

by McDermott Will & Emery on

In reviewing a decision from the Patent Trial and Appeal Board (PTAB) deciding three interferences involving competing claims directed to testing methods for fetal aneuploidies, the US Court of Appeals for the Federal Circuit...more

Mass. Court Clouds Marijuana in the Workplace Issues

by Foley & Lardner LLP on

A recent unanimous decision by the highest state court in Massachusetts sends a warning signal to employers in all states. Marijuana in the workplace is a complex and unsettled legal issue that will require all employers to...more

Third Circuit Revives In-House Attorney’s Whistleblower Claim

On July 25, 2017, the Third Circuit allowed a plaintiff who was an in-house attorney to proceed with a whistleblower retaliation lawsuit under the New Jersey Conscientious Employee Protection Act (CEPA) based on its...more

Standard for Claim Indefiniteness Virtually Relaxes

by McDermott Will & Emery on

Addressing claim indefiniteness, the US Court of Appeals for the Federal Circuit concluded that the claim term “virtually free from interference” was sufficiently definite to pass § 112 muster. One-E-Way, Inc. v. Sony Corp.,...more

Patentee’s Willful Ignorance, Vexatious Lawsuits Set Off Alarm Bells

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a district court decision that an infringement case was not exceptional and found that the patentee’s willful ignorance of prior art and commencement of multiple...more

It Is Not A Duck! $535 million pipeline verdict reversal portends new era of joint venture conflicts.

On July 18, 2017, the Dallas Court of Appeals reversed a 2014 jury verdict that resulted in a $535 million judgment in favor of Energy Transfer Partners, L.P. (“ETP”) against its counterparty (appellate decision linked here)....more

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

The Circuit issued only one precedential patent case this week, reversing a determination of obviousness as to a Millennium Pharmaceutical patent covering its blockbuster cancer drug Velcade®, thus extending the life of...more

What Could We Infer When Justice Theis Asked the First Question in Criminal Cases?

by Sedgwick LLP on

Yesterday, we reviewed Justice Theis’ question patterns in criminal cases between 2010 and 2016. Today, we ask what it’s possible to infer when Justice Theis asked the first question in criminal cases. Justice Theis voted...more

Dallas Court of Appeals Reverses Partnership Verdict: Preliminary Agreements Precluded Partnership

by Bracewell LLP on

On Tuesday, July 18, 2017, the Dallas Court of Appeals reversed a $535 million judgment against Enterprise Products Partners, L.P. (Enterprise), finding that unfulfilled conditions precedent in Enterprise’s written agreements...more

What Could We Infer From Justice Theis’ Question Patterns in Criminal Cases?

by Sedgwick LLP on

Last week, we reviewed the data from Justice Theis’ participation in oral arguments in civil cases since she joined the Court in 2010. This week, we turn our attention to Justice Theis’ record in criminal oral...more

RICO Madness: The Nuisance of Owning and Operating a Marijuana Facility

by Snell & Wilmer on

On June 7, 2017, the Tenth Circuit Court of Appeals issued its opinion in Safe Streets Alliance, et al. v. Hickenlooper, et al., (No. 16-1048), an opinion that could open the doors to property use litigation involving...more

Use Of Medicinal Marijuana Not A Facially Unreasonable Accommodation Under Massachusetts Employment Discrimination Law

by DeWitt Law, LLC on

In a case that may be a precursor of things to come across the country as more and more states “legalize” the medicinal use of marijuana, in a July 17, 2017 decision in Barbuto v. Advantage Sales and Marketing, LLC, SJC...more

Dallas Court of Appeals Reverses Landmark Judgment on Common Law Partnership and Joint Venture Claims

by Jackson Walker on

On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP...more

California Supreme Court Reverses Court of Appeal Decision to Invalidate SANDAG's Regional Transportation Plan EIR for its GHG...

by Allen Matkins on

In Cleveland Nat’l Forest Found. v. San Diego Ass’n of Gov’ts (July 13, 2017), the California Supreme Court reversed the Court of Appeal decision regarding the inadequacy of the greenhouse gas (GHG) emissions impacts analysis...more

NLRB Affirms Employer's Right to Terminate Employees Who Disparaged Company's Food Safety Practices

Over the past several years, we have reported on a seemingly never-ending series of National Labor Relations Board (NLRB) decisions proclaiming a variety of abusive employee practices as protected behavior under federal labor...more

439 Results
|
View per page
Page: of 18
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.