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Burden of Proof En Banc Review

Dechert LLP

Securities and Derivative Litigation: Quarter 3 2022 Update

Dechert LLP on

In this edition of Dechert’s Securities & Derivative Litigation Quarterly Update, we examine: (1) the Delaware Court of Chancery’s latest post-trial decision showing how the special committee process is critical in the...more

Cozen O'Connor

California Seeks en Banc Review of Ninth Circuit Decision Paving Way to Airport Expansion

Cozen O'Connor on

California AG Rob Bonta filed a petition for a rehearing en banc before the U.S. Court of Appeals for the Ninth Circuit in Center for Community Action & Environmental Justice et al. v. Federal Aviation Administration et al.,...more

WilmerHale

Ninth Circuit Watch: En Banc Court Overturns Rule That a High Degree Of Access to Copyrighted Material Reduces Plaintiff's Burden...

WilmerHale on

On March 9, 2020, the en banc U.S. Court of Appeals for the Ninth Circuit unanimously held in Skidmore v. Led Zeppelin that a copyright defendant’s “high degree of access” to a copyrighted work does not lower the plaintiff’s...more

Payne & Fears

Ninth Circuit Confirms (Again): Employers Cannot Rely on Prior Pay to Justify Gender Pay Disparities

Payne & Fears on

In April 2018, the Ninth Circuit held that employers cannot consider pre-employment salary history, even in combination with other factors, to justify gender pay disparities. See Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018)...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2018 #5

Applications in Internet Time, LLC v. RPX Corp., Appeal Nos. 2017-1698, et al. (Fed. Cir. July 9, 2018) (unsealed July 24, 2018) In a lengthy decision on an issue of first impression, the Federal Circuit addressed the...more

Jones Day

Burden of Proving Unpatentability of Amended Claims Placed on IPR Petitioners

Jones Day on

In an en banc decision, the Federal Circuit in Aqua Products, Inc. v. Matal addressed the question of who bears the burden of proving that claims amended during inter partes review ("IPR") proceedings are or are not...more

Foley & Lardner LLP

En Banc Federal Circuit To Review Standards for Amending Claims During AIA Proceedings

Foley & Lardner LLP on

In a rare grant of a petition for rehearing en banc, the court decided that an appeal “warrants en banc consideration” of who bears what burden when amending in an IPR. In re: Aqua Products, No. 15-1177, slip op. at 2 (Fed....more

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