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Declaration

So Why Do I Have To Sign This Declaration Again?

by Miles & Stockbridge P.C. on

This is a question that I often am asked when inventors have been working with us for an extended period of time. In the past, we could use an existing, executed declaration in the family for a new member, but not after...more

Who Do You Want To Be Your Voice for Medical Matters?

by Pessin Katz Law, P.A. on

In the recently completed legislative session, a bill was passed to revoke the ability of certain individuals to serve as an Agent under a Medical Directive. A Healthcare Directive informs your health care provider about your...more

RED GOLD for Jewelry: Obviously Generic (Or Maybe Not…)

by Knobbe Martens on

On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more

PTAB Considers What Constitutes “By Another” Under § 102(e) in Determining Whether Challenged Claims are Unpatentable

by Knobbe Martens on

In a final written decision in Duncan Parking Tech., Inc. v. IPS Group Inc., IPR2016-00067, Paper 29 (P.TA.B. Mar. 27, 2017), the PTAB evaluated whether a prior art reference alleged to anticipate the challenged patent under...more

Top 10 Issues to Consider When Posting Workers in France

by Littler on

“Posting of workers,” a common practice within the European Union, refers to the assignment of an employee to work in another EU Member State (the "host country") on a temporary basis. Under this arrangement, also known as a...more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

by Carlton Fields on

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

Year-End Reading List for PACs, Mega PACs & Others in Politics

by Snell & Wilmer on

As 2016 draws to a close, the holiday reading list for those involved with political action committees (PACs), mega political action committees (Mega PACs) and others in politics may include the comprehensive rewrite of...more

IP Newsletter - International transfers: Requirements for the obtainment of the Declaration of Conformity from the DPA

by Dentons on

International data transfers under Colombia's Law 1581 of 2012 are allowed whenever (i) the data is transferred to third parties operating under adequate regulatory protection; (ii) the transfer is performed under consent of...more

New Arizona Independent Contractor Law Now In Effect

Arizona’s “Declaration of Independent Business Status” law went into effect earlier this month. The new law, which appears to be the first of its kind, aims to provide independent contractors and the businesses that engage...more

5 Keys to New AZ IC Law

by Sherman & Howard L.L.C. on

We have repeatedly blogged on the Pushmi-Pullyu world of independent contractor relationships, a world in which employers can do no right. (DOL Says Employers Are Morons) Well, Arizona recently enacted a law providing at...more

Evidence Alley: Lightweight Fabric: Admissibility versus Weight at the PTAB

Many parties in front of the Patent Trial and Appeal Board (Board) struggle with the handling of evidentiary issues. This struggle is heightened when expert evidence is the focus. In Tietex International, Ltd. v. Precision...more

Perspectives On The PTAB - Inaugural Issue

We are pleased to share this Perspectives on the PTAB newsletter. Its content is directed toward providing information and analysis of the decisions made by the Patent Trial and Appeal Board. We hope that this newsletter...more

California Appeals Court Provides Guidance on the Use of Electronic Signatures by Employees

In many companies, new employees sign key documents and policies—including arbitration agreements—with the use of electronic signatures. There has been a growing trend in litigation brought by former employees to challenge...more

The USPTO Amends AIA Trial Rules: 4 Changes That You Need To Know

by Knobbe Martens on

On April 1, 2016, the U.S. Patent and Trademark Office (USPTO) issued amended final rules that govern trials under the America Invents Act (AIA), including inter partes review, post-grant review, covered business method...more

“Supplemental Evidence” Versus “Supplemental Information” (CaptionCall, LLC, v. Ultratec, Inc.)

by McDermott Will & Emery on

Addressing the requirements to offer supplemental evidence and information, the Patent Trial and Appeal Board (PTAB or Board) denied the patent owner’s requests for authorization to file a motion to submit supplemental...more

Lessons in Fraud, Preconditions to Progress Payments and the Right of Setoff: Hutchinson v Glavcom

by K&L Gates LLP on

The NSW Supreme Court recently handed down its decision in the matter of J Hutchinson Pty Ltd v Glavcom Pty Ltd [2016] NSWSC 126, in which K&L Gates represented Glavcom. The decision sheds light on numerous issues, including...more

New U.S. Trade Law Exposes Importers to Duty Evasion Allegations and Targets Currency Manipulation, Among Other Changes

by Perkins Coie on

This week Congress amended U.S. customs law to create new risks and opportunities for companies importing goods into the United States. Most significantly, the Trade Facilitation and Trade Enforcement Act (TFTEA) will...more

Attorney Submitting CCP 473(b) Declaration Not Obligated To State Reasons For “Mistake, Inadvertence, Surprise or Excusable...

In Martin Potts and Associates, Inc. v. Corsair, LLC (No. B263198 - filed January 28, 2016), Division Two of the Second Appellate District ruled that a motion for relief from default under Code of Civil Procedure § 473...more

USPTO Left Hand Doesn’t Know What the Right is Doing: An Unexpected Consequence of Recording Combined Declaration/Assignments

by Nutter McClennen & Fish LLP on

The America Invents Act (AIA) introduced several changes to inventor oath/declaration practice that took effect in 2012. One such change is the ability to incorporate an inventor’s required declaration statements into an...more

PTAB Eases Restrictions on Submitting Observations on Cross Examination for Your Own Witness

When a party submits declaration testimony and the opposing party is not entitled to another brief, “observations on cross-examination” are the opposing party’s mechanism for introducing declaration testimony from that...more

USCIS Revises Preparer’s Declaration on Form I-129

by Cozen O'Connor on

USCIS recently published a new Form I-129, Petition for a Nonimmigrant Worker. The new Form I-129 contains a revised “Petitioner’s Declaration” and revised “Preparer’s Declaration,”...more

Submission of Supplemental Evidence in an IPR May Be Submitted After the Due Date - International Business Machines Corp. v....

by McDermott Will & Emery on

Addressing the circumstances for submitting supplemental evidence in an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) allowed the petitioner to submit a responsive declaration after the due date...more

Italy Releases Draft Declaration of Internet Rights

by Reed Smith on

Italy’s Chamber of Deputies has proposed a ‘Draft Declaration of Internet Rights’ (Declaration), acknowledging both the way in which the internet has changed interactions and the way it has erased borders, but also noting...more

Declarant Rights: Are Developers Leaving Money on the Table?

When a residential subdivision is developed, it is common for the developer to record a Declaration of Covenants, Conditions, Easements and Restrictions along with the subdivision plat. This Declaration addresses use...more

Declarant Must Be Made Available for Deposition in the United States - Square, Inc. v. REM Holdings 3, LLC

by McDermott Will & Emery on

Addressing the location of a deposition of patent owner’s declarant, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB or Board) concluded that, absent an agreement between the parties to...more

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