News & Analysis as of

Honest Belief Defense

The E-Discovery Digest - June 2017

The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Fourth Circuit Holds Complaining Employee is not Protected From Termination if the Employer Terminates Her Because It Believed Her...

A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination. In Villa v. CaveMezze...more

Fourth Circuit Holds No Title VII Retaliation Claim When Employer Fires An Employee On Mistaken Belief The Employee Lied About...

by DeWitt Law, LLC on

Employers investigating Title VII discrimination claims should take some comfort, based on a recent Fourth Circuit case, that if they terminate an employee for making a false claim after a good-faith investigation, they will...more

The “Honest Belief” Defense Comes to the Third Circuit

In the Third Circuit, an employer’s honest belief that an employee committed misconduct can now serve as a defense to a retaliation claim under the FMLA. With the recent decision in Capps v. Mondelez Global, LLC the Third...more

Florida Whistleblower Act Requires Showing of Actual Violation, Federal Court Rules

by Jackson Lewis P.C. on

Florida’s private-sector Whistleblower Act (“FWA”) protects only those employees who can show an actual violation of a law, rule, or regulation, a federal district court has held. Graddy v. Wal-Mart Stores East, LP, No....more

5 Wishes for Securities Litigation Defense: Effective Use of the Supreme Court’s Omnicare Decision

In this installment of the D&O Discourse series “5 Wishes for Securities Litigation Defense,” we discuss the third of five changes that would significantly improve securities litigation defense: to make the Supreme Court’s...more

Ill Will Not Required – Court Finds Disability Discrimination Even Where Employer Acted In Good Faith

On February 25, 2016, the Court of Appeal for the Fifth Appellate District held that employees can prove disability discrimination without having to show the employer acted intentionally or in bad faith. The Court held that...more

"Delaware Supreme Court Clarifies Earlier Rulings, Chancery Court Stakes Out New Positions"

Delaware courts tackled a number of issues of importance in 2015. The Delaware Supreme Court clarified prior inconsistent case law by reiterating that deference must be given to decisions made by disinterested directors. It...more

"Insights Conversations: Securities Litigation"

From the impacts of U.S. Supreme Court Omnicare and Halliburton cases to the uptick in Securities Act class actions, litigation partners Scott Musoff and Susan Saltzstein discuss the latest securities litigation developments....more

Top Stories of 2015: #6 to #10

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

Combatting FMLA Abuse

by McAfee & Taft on

The Family and Medical Leave Act provides laudable protections to employees and their families. But FMLA leave is sometimes abused. That abuse drives up costs for employers and creates red tape and administrative hassles for...more

Does Asserting a "Good Faith" Affirmative Defense Waive the Attorney-Client Privilege?: Part I

by McGuireWoods LLP on

As the most extreme example of an implied waiver, the "at issue" doctrine can waive privilege protection if a litigant affirmatively raises an issue that implicates privileged communications. Some courts hold that...more

Commil USA V. Cisco Systems: “I thought it was legal” is no defense to induced infringement under 35 U.S.C. § 271(b)

by Mintz Levin on

The United States Supreme Court’s recent decision in Commil v. Cisco held that a good-faith belief of a patent’s invalidity, standing alone, is insufficient to provide a defense to a claim of inducing another’s infringement...more

U.S. Supreme Court Holds Defendant’s Belief a Patent Was Invalid Is Not a Defense to an Induced Infringement Claim

by Wilson Elser on

Addressing a syllogistic, perhaps paradoxical difference between belief of non-infringement and belief of invalidity, on May 26, 2015, the U.S. Supreme Court in Commil USA, LLC v. Cisco Systems, Inc. held that an accused...more

U.S. Supreme Court: Good Faith Belief That a Patent Is Invalid Is No Defense to Induced Patent Infringement

In a sharply divided opinion, the Supreme Court has determined that a party may be liable for inducing the infringement of a patent even if it has a good faith belief that the patent is invalid. The decision, Commil USA, LLC...more

Just Because You Think It’s Invalid Doesn’t Mean You Don’t Infringe!

by Weintraub Tobin on

A U.S. patent is “presumed” valid. That means a patent owner does not need to prove the patent is valid in a suit for infringement. And, as the U.S. Supreme Court just explained in Commil United States, LLC v. Cisco Systems,...more

Commil USA, LLC v. Cisco Systems, Inc. Further Clarifies the Requisite Intent for Induced Infringement after Global-Tech

by Akerman LLP on

On May 26, 2015, the Supreme Court ruled in Commil USA, LLC v. Cisco Sys., Inc. that an alleged infringer's belief regarding patent validity cannot be used as evidence in a defense to an induced infringement claim. In so...more

Supreme Court on Induced Infringement: Good-Faith Belief of Invalidity Not a Defense and Knowledge of Infringement Required

by Foley & Lardner LLP on

In a 6-2 decision this week, the United States Supreme Court in Commil USA, LLC v. Cisco Systems, Inc., 575 U.S. ____ (2015) held that an accused infringer’s good-faith belief of patent invalidity is not a defense to a claim...more

Supreme Court Rejects Good-Faith Belief of Invalidity Defense to Claims of Inducement of Patent Infringement

by Foley Hoag LLP on

The Decision in Commil USA, LLC v. Cisco Systems, Inc. - On Tuesday, the United States Supreme Court ruled that a party’s good-faith belief in the invalidity of a patent is not a defense to a claim that the party has...more

Belief That a Patent Is Invalid Is Not a Defense to Inducement Liability

by Mintz Levin on

The Supreme Court issued its long-anticipated decision in Commil USA, LLC v. Cisco Systems, Inc. on Tuesday holding that a patent infringement defendant’s good faith belief that the patent in suit is invalid is not a defense...more

Commil USA, LLC v. Cisco Systems, Inc.: Defendant May Be Liable For Indirect Infringement Despite Good Faith Belief That Patent Is...

by Brooks Kushman P.C. on

Practice Points: - Supreme Court holds that a good faith belief that a patent is invalid is not a defense to active inducement of infringement under 35 U.S.C. § 271(b). The same result presumably holds for contributory...more

Good Faith Belief in Invalidity No Defense to Active Inducement

by McDermott Will & Emery on

The U.S. Supreme Court (Justice Kennedy writing for the majority) has now eliminated a defense that has been available to parties accused of actively inducing patent infringement under 35 USC § 271(b). The Court held that a...more

U.S. Supreme Court Rejects Good-Faith Invalidity Defense to Induced Patent Infringement

by Moore & Van Allen PLLC on

On May 26, 2015, the U.S. Supreme Court issued its decision in Commil USA LLC v. Cisco Systems, Inc., 575 U. S. ____ ( 2015), rejecting the Federal Circuit Court of Appeals’ recognition of a defense to induced patent...more

Locke Lord QuickStudy: Belief As To A Patent’s Validity Is Not A Defense To Induced Infringement

by Locke Lord LLP on

Following last year’s decision in Limelight Networks, Inc. v. Akamai Technologies, Inc. et al., 572 U.S. ____ (2014) (holding that a finding of induced infringement requires that all infringing acts be performed by a single...more

Alert: Supreme Court Rejects Good-Faith Belief in Invalidity as a Defense to Induced Patent Infringement

by Cooley LLP on

In Commil USA LLC v. Cisco Systems, Inc. (No. 13-896), the Supreme Court held that an accused inducer's belief that an asserted patent is invalid is not a defense to induced patent infringement. The decision reverses a...more

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