News & Analysis as of

Raytheon

Federal Circuit Provides Much Needed Patent Venue Guidance Post TC Heartland

by Fenwick & West LLP on

The Federal Circuit has issued a landmark venue decision setting forth the standard for determining what constitutes a “regular and established place of business” under 28 U.S.C. § 1400(b). Section 1400(b) limits venue in...more

Federal Circuit Rejects Eastern District of Texas’s Post-TC Heartland Venue Test

In In re Cray Inc., the Federal Circuit directed the Eastern District of Texas to transfer a patent infringement case brought by Raytheon against Cray out of the district. In doing so, the Federal Circuit rejected the...more

Federal Circuit Provides Important Guidance on Establishing Patent Venue

by Orrick - IP Landscape on

Order Granting Mandamus and Directing Transfer of Case, Raytheon Company v. Cray, Inc., Federal Circuit (September 21, 2017) - The Federal Circuit today clarified what it means to have “a regular and established place of...more

Federal Circuit Vacates Judge Gilstrap’s Controversial Venue Test

The Eastern District of Texas has been the hotbed of patent ligation for years, and that is undoubtedly threatened in light of the Supreme Court’s decision on venue in TC Heartland.  But the Eastern District clearly won’t go...more

“Not so fast . . .”: Eastern District of Texas Adopts Approach that Narrows Impact of TC Heartland 

When the US Supreme Court decision in TC Heartland was published, many patent practitioners thought that the decision would adversely affect the Eastern District of Texas, a popular venue for patentees because of its quick...more

ASBCA alters the definition of expressly unallowable costs implicating penalties

by Dentons on

The Armed Service Board of Contract Appeals (“ASBCA”), in its recent decisions, continues to back away from its previous definition of expressly unallowable costs. In previous decisions, the ASBCA only found expressly...more

ASBCA Questions Consideration of Materiality in Certain Cost Accounting Change Cases

by Perkins Coie on

The Armed Services Board of Contract Appeals (ASBCA or the Board) recently released a decision addressing the final issue of materiality in the long saga of the Raytheon accounting change case. ASBCA No. 58068, August 9,...more

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

ERISA (9th Circuit): Denial Letters — Sometimes Forgotten Arguments to Enforce Contractual Limitations Provisions

Must denial letters inform the claimant, seeking ERISA-governed benefits, about the contractual limitations provision? A recent court trend, like with the First, Third and Sixth Circuits, requires denial letters to...more

Independent research and development effort: Back to the future?

by Dentons on

Since the reforms of the early 1990s, the US government has taken a largely hands-off approach to independent research and development (IR&D) effort and the allowability of the related costs, in contrast to the rigorous...more

ASBCA Continues to Apply the Expressly Unallowable Cost Standard in an Unworkable Way

by Dentons on

Recently, in Raytheon Co., ASBCA Nos. 57576, et al (June 26, 2015), the ASBCA confirmed that a narrow reading of the term “expressly unallowable” costs is appropriate under the CAS and FAR. The Board reaffirmed previous...more

Words Matter … To Spartans And To The First Circuit

by PretiFlaherty on

There is a scene in the movie 300 where King Leonidas greets the Persian messenger with, “Before you speak, Persian, know that in Sparta everyone, even a king’s messenger, is held accountable for the words of his voice.” ...more

Federal Court Dismisses Overtime Claims Brought by Contractor Employee Working in Kuwait

On April 28, 2014, a Massachusetts federal court granted dismissal of a proposed class action alleging that Raytheon violated Kuwaiti law by failing to pay overtime to employees working in Kuwait on federal defense contracts....more

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