Honest Belief Defense

News & Analysis as of

Good Faith Belief of Invalidity May be Defense to Induced Infringement and Opinion Letters May Become Increasingly Important

The Federal Circuit recently denied a request for rehearing en banc in the matter of Commil USA, LLC v. Cisco Sys., Inc., in a 6-5 vote of the participating judges. 2013 U.S. App. LEXIS 21713 (Fed. Cir. Oct. 25, 2013)...more

Allen v. Encore Energy Partners, L.P., C.A. No. 534, 2012 (Del. July 22, 2013)

In this en banc decision, the Delaware Supreme Court held that where the contractual standard of conduct contained in a limited partnership agreement requires a belief that a decision or other action by the managers is in the...more

An "Honest Belief" Remains a Viable Defense Option

Termination and other adverse employment actions often give rise to claims of intentional discrimination and other litigation. In many cases, the issues will boil down to an assertion that the facts supporting the employer’s...more

Fenwick Employment Brief - December 2012

In This Issue: - FEATURE ARTICLES Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and Honest Belief Inadequate Defense In CFRA Interference Claim. - NEWS BITES Class Action...more

Weekly Law Resume - December 6, 2012: Employer May Not Deny Reinstatement of An Employee on CFRA Leave Based On “Honest Belief”...

Avery Richey v. AutoNation, Inc. et al. Court of Appeal, Second District (November 13, 2012) This case discusses an employer’s burden of proof to set forth a legitimate reason for denying reinstatement to an employee...more

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