News & Analysis as of

Question of Law Appeals

Hinshaw & Culbertson - Lawyers for the...

Marijuana Company's Legal Malpractice Claim Goes Up in Smoke

An Arizona appellate court held that summary judgment was appropriate in a legal malpractice action brought by a medical marijuana company for failure to timely pursue a petition for judicial review where plaintiffs could not...more

Smart & Biggar

The fight over depreciation of goodwill in Canada keeps going and going …

Smart & Biggar on

While comparative advertising can be an effective tool for comparing and contrasting competing brands, there are limits on what claims can lawfully be made. One such limit is provided by Section 22 of the Trademarks Act,...more

Hinshaw & Culbertson - Consumer Crossroads

Legal Guidance Watch: Second Circuit Nostra Sponte Certifies a Series of Mortgage Lender Compliance Questions to New York Court of...

The Second Circuit recently certified two questions to the New York Court of Appeals regarding the requisite proof needed for borrowers to dispute the lender's compliance with New York Real Property Procedures and Acts...more

Smart & Biggar

Court declines to direct preliminary determination on interpretation of subsection 6(1) of PMNOC Regulations

Smart & Biggar on

On November 7, 2019, Prothonotary Tabib dismissed Pharmascience’s motion for an order directing a preliminary determination of a question of law in the context of a patent infringement action brought by Teva pursuant to the...more

Schwabe, Williamson & Wyatt PC

Oregon Upholds Meal-Break Compliance

On Thursday, November 14, 2019, the Oregon Court of Appeals released its decision in Maza v. Waterford Operations, LLC, 300 Or App 471 (2019), that clarified Oregon employers’ obligation to ensure that non-exempt employees...more

Knobbe Martens

PTAB Required to Provide Interpretation of Regulation Concerning Determination of Which Patents Qualify for CBM Review

Knobbe Martens on

SIPCO, LLC v. EMERSON ELECTRIC CO. Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Reyna concurring-in-part and dissenting-in-part Summary: The language “unobvious over the prior art” in...more

Littler

Dynamex Retroactivity Question Sent to California State Court

Littler on

On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied...more

Butler Snow LLP

Personal Jurisdiction Lessons Learned . . . Forgotten . . . and Remembered

Butler Snow LLP on

As lawyers, we learn early on about the necessity that a court must have personal jurisdiction over a defendant in order to enter a valid, enforceable judgment. Recently, the Tennessee Court of Appeals, in Corporate Flight...more

Stokes Wagner

Raising Questions to California's Meal and Rest Break Laws

Stokes Wagner on

Last month, the United States Court of Appeals for the Ninth Circuit certified two questions of state law to the California Supreme Court: 1. Does the absence of a formal policy regarding meal and rest breaks violate...more

McDermott Will & Emery

Retroactive Application of IPRs to Pre-AIA Patents is not Unconstitutional Taking

The US Court of Appeals for the Federal Circuit addressed for the first time whether the retroactive application of inter partes review (IPR) proceedings to pre-America Invents Act (AIA) patents is an unconstitutional taking...more

Butler Snow LLP

Great Scott! The Sixth Circuit Revives Hoverboard Lawsuit

Butler Snow LLP on

The classic 1989 film Back to the Future II famously predicted that humans would be zipping around on hoverboards in the year 2015. The film wasn’t too far off. Hoverboards debuted in the 2000s and gained immense popularity...more

Sheppard Mullin Richter & Hampton LLP

Framing Your Pitch: A Lesson from the TTI v. IBG Cases

The U.S. Court of Appeals for the Federal Circuit recently issued three interesting, related opinions interpreting and applying the “technological invention” exception to Covered Business Method Review (“CBM Review”). These...more

McDermott Will & Emery

Craps! Dice Markings Don’t Pass Muster for Patent Eligibility

McDermott Will & Emery on

In an opinion addressing patent-eligible subject matter and the printed matter doctrine, the US Court of Appeals for the Federal Circuit concluded that a particularly marked die set did not save the claims from patent...more

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - January 2019

PATENT CASE OF THE WEEK - In Re: Marco Guldenaar Holding B.V., Appeal No. 2017-2465 (Fed. Cir. Dec. 28, 2018) - The Federal Circuit affirmed the final written decision of the Patent Trial and Appeal Board (“PTAB”)...more

Downey Brand LLP

California Supreme Court Requires De Novo Review for EIR Adequacy Challenges and Imposes Heightened EIR Requirements Connecting...

Downey Brand LLP on

In a long-awaited decision, on December 24, 2018 the California Supreme Court in Sierra Club v. County of Fresno (S219783) affirmed, in part, and reversed, in part, the Fifth District Court of Appeal’s decision concerning a...more

Dechert LLP

Federal Circuit En Banc Denials Confirm Fact Issues Implicated by Patent-Eligibility Inquiry

Dechert LLP on

The United States Court of Appeals for the Federal Circuit refused rehearing en banc of two significant decisions regarding patent-eligibility under § 101 (Aatrix and Berkheimer) on May 31, with a majority of active judges on...more

Knobbe Martens

Aatrix Software, Inc. v. Green Shades Software, Inc. And Berkheimer v. HP Inc.

Knobbe Martens on

Federal Circuit Summaries - Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. On petition for rehearing en banc. Summary: Under step two of the Alice framework,...more

Knobbe Martens

Federal Circuit Review - March 2018

Knobbe Martens on

Distribution Agreements Can Constitute Offers for Sale Under Section 102(b) - In The Medicines Company v. Hospira, Inc., Appeal Nos. 2014-1469, 2014-1504, the Federal Circuit held that a distribution agreement qualified as...more

Knobbe Martens

Berkheimer v. HP Inc.

Knobbe Martens on

Federal Circuit Summaries - Before Moore, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois. Summary: (1) Terms of degree, including “minimal,” may render claims...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide