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Burden of Proof › Litigation Strategies › Appeals

Sunstein LLP

Collateral (Patent) Damage Undone by Federal Circuit?

Sunstein LLP on

In Kroy IP Holdings v. Groupon, The Federal Circuit issued a decision that should come as a comfort to patent owners, addressing the interplay between decisions of the Patent Trial and Appeal Board (“PTAB”) in inter partes...more

Constangy, Brooks, Smith & Prophete, LLP

Robin's quickie guide to motions to dismiss, summary judgment, and trial

Constangy, Brooks, Smith & Prophete, LLP on

What's the difference? There are three main ways for a defendant to bring a lawsuit to an end. Each involves a different level of proof – and of expense and hassle. It's better to get a lawsuit “disposed of” as early as...more

Sunstein LLP

FanDuel Learns the Hard Way: An IPR Challenge to Any Patent Claim May be Lost if Not Comprehensive and Rigorous Enough

Sunstein LLP on

As we demonstrated in our own successful appeal, Arendi S.A.R.L. v. Apple Inc. (Fed. Cir. 2016), a petition for inter partes review (“IPR”) may fail when an expert declaration lacks detailed explanation. An expert’s...more

Weintraub Tobin

Losing Twice at Trial: Denying Requests for Admission Can Come Back to Bite You

Weintraub Tobin on

Litigation tends to be expensive, increasingly so due to the burdens of discovery. (You can thank the advent of emails, text messages, and other forms of communication now documenting conversations that used to take place by...more

Conn Kavanaugh

Special Permit Applicants Must Prove That Proposed Use Complies With Bylaws

Conn Kavanaugh on

If you’re seeking a special permit for a project, be prepared to prove that your proposal complies with the town’s bylaws. First things first. What is a special permit? Generally, a special permit allows an applicant to...more

McAfee & Taft

Employer successfully fights EEOC subpoena

McAfee & Taft on

Any employer that has gone through an Equal Employment Opportunity Commission (EEOC) investigation knows one thing is certain: you will have to provide mountains of documents. Normally, the EEOC will informally request...more

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