News & Analysis as of

Remand

Fox Rothschild LLP

Does a Dissenting Opinion Control the Supreme Court?

Fox Rothschild LLP on

A dissenting opinion in the Court of Appeals has long been a litigant’s Golden Ticket, at least until a recent statutory change. The mere existence of the dissent bestowed an automatic right of appeal to the Supreme Court of...more

Sunstein LLP

Trade Secret Damages Beyond the Actual Loss Suffered by Plaintiffs Become Harder to Obtain

Sunstein LLP on

The Southern District of New York vacates nearly $200 million in damages after remand from Second Circuit - On March 13, 2024, in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc., the Federal District...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2024 #4

Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C., Appeal No. 2023-1035 (Fed. Cir. August 23, 2024) In its only precedential patent decision this week, the Federal Circuit helped clarify which facts may be...more

Erise IP

What’s Trending in Trademarks, August 2024: What Constitutes an Abandoned Mark? How Famous is Cognac?

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fourth...more

McDermott Will & Emery

Insuring Innovation: Software Code May Be Protected as an Arrangement

McDermott Will & Emery on

The US Court of Appeals for the Eleventh Circuit once again remanded a trade secret and copyright dispute involving software for generating life insurance quotes, finding that the district court erred by failing to consider...more

Knobbe Martens

A Certification Mark May Be Famous for Any Reason and May Connote More Than the Product’s Place of Origin

Knobbe Martens on

Before Lourie, Clevenger and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary:  Fame and likelihood of confusion analyses must thoroughly consider all relevant factors and evidence, including the potential...more

McDermott Will & Emery

Unbranded Brandy: COGNAC Certification Mark Matters, Even in Hip-Hop

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated a ruling from the Trademark Trial & Appeal Board, disagreeing with the Board’s dismissal of Bureau National Interprofessionnel du Cognac’s opposition to a trademark...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Clarifies Requisite Analysis for Unclean Hands, Inequitable Conduct, Summary Judgement Determinations of...

Luv N’ Care, Ltd. and Nouri E. Hakim v. Lindsey Laurain and Eazy-PZ, LLC, Nos. 2022-1905, 2022-1970 (Fed. Cir. April 12, 2024) addressed several issues, including: (1) what evidence of litigation misconduct may support a...more

McDermott Will & Emery

Missed Appropriation: Massive Trade Secret Verdict Vacated

The Court of Appeals of Virginia vacated a $2 billion award in a trade secret misappropriation case based on a series of evidential errors and improper jury instructions. Pegasystems Inc. v. Appian Corporation, Case No....more

Jones Day

PTAB Forgives MTA Procedural Error

Jones Day on

The Federal Circuit affirmed in part, reversed-in-part and remanded-in-part the Board’s decision in the inter partes review of U.S. Patent No. 8,265,096 (the “’096 patent”), and affirmed the Board’s decision as to the cross...more

Perkins Coie

Ninth Circuit Rules De Minimis Doctrine Applies to Overtime Claims

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Cariene Cadena v. Customer Connexx LLC on July 10, 2024, reversing the U.S. District Court for the District of Nevada’s summary judgment ruling in favor of...more

McGlinchey Stafford

U.S. Court of Appeals Reverses EPA Decision on Small Refinery Biofuel Exemptions

McGlinchey Stafford on

On Friday, July 26, 2024, a federal appeals court overturned the Biden administration’s decision to reverse small refinery exemptions to the Renewable Fuel Standard (RFS). The U.S. Court of Appeals for the District of...more

McDermott Will & Emery

From Oops to Encore: The Board’s Premature Adverse Judgment

McDermott Will & Emery on

The Director of the US Patent & Trademark Office (PTO) overturned the Patent Trial & Appeal Board’s premature adverse judgment against a patent owner and remanded an inter partes review (IPR) proceeding based on the fact that...more

Kohn, Kohn & Colapinto LLP

Supreme Court Vacates and Remands IRS Tax Whistleblower Case Following Reversal of Chevron

The end of the Chevron deference is already impacting whistleblower award cases. The Supreme Court of the United States (SCOTUS) recently reversed and remanded an appeals court decision in an IRS whistleblower case where a...more

Mintz

The Demise of the Chevron Doctrine Begins to Impact ESG Jurisprudence

Mintz on

Last week, the Fifth Circuit Court of Appeals vacated and remanded the appeal from a lower court's decision upholding the Biden Administration's Department of Labor rule enabling ERISA plans to consider ESG factors, ordering...more

Steptoe & Johnson PLLC

"Amateurism" Eroding: The Third Circuit Opens the Door to Employee Status for College Athletes Under the FLSA

Steptoe & Johnson PLLC on

On July 11, 2024, the U.S. Court of Appeals for the Third Circuit held in Johnson v. NCAA, No. 22-1223, (3d Cir. July 11, 2024) that college athletes may be considered employees under the Fair Labor Standards Act (FLSA)....more

Bradley Arant Boult Cummings LLP

Try Again NLRB – 5th Circuit Remands Case Back After the Board’s Bait and Switch Move

What happens when the NLRB asks a federal court to remand a case back to the board based on a new case holding to interpret the matter before it, the court does so, and then the board pulls a “bait and switch” to flat out...more

McDermott Will & Emery

Shell Shocked: Judge’s Travel Plans Turn the Tide in Shrimp Dispute

McDermott Will & Emery on

Addressing the scope of a magistrate judge’s Article III authority, the US Court of Appeals for the Eleventh Circuit vacated a judgment and remanded the case for a new trial because the magistrate judge performed...more

Sheppard Mullin Richter & Hampton LLP

Understanding Constitutional Standing: A Review of a Recent Federal Circuit Decision

In Intellectual Tech v. Zebra Technologies 2022-2207 (Fed. Cir. May 1, 2024), the Federal Circuit addressed a district court’s determination that the patent owner plaintiff lacked constitutional standing because it was...more

McDermott Will & Emery

Rum Wars: Lanham Act Doesn’t Preclude Judicial Review of PTO Renewal Decisions

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit reversed and remanded a district court’s ruling, holding that the Lanham Act does not foreclose an Administrative Procedure Act (APA) action for judicial review of the US Patent...more

McDermott Will & Emery

New Arguments Yield Same Unpatentability Outcome

McDermott Will & Emery on

On remand from the US Court of Appeals for the Federal Circuit in connection with inter partes review (IPR) proceedings, the Patent Trial & Appeal Board considered the petitioner’s reply arguments and evidence regarding the...more

A&O Shearman

Jurisdictional challenges to enjoining or staying international arbitrations in US courts

A&O Shearman on

The U.S. District Court for the District of Delawares recent decision in Landbridge Port Services (Hong Kong) Ltd. v. Notarc Port Investment LLC further deepens the split among U.S. federal courts regarding jurisdiction under...more

Ballard Spahr LLP

Supreme Court punts the NBA preemption analysis back to the Second Circuit

Ballard Spahr LLP on

On May 30, 2024, in a unanimous decision, the Supreme Court reversed Cantero v. Bank of America, N.A., and remanded it back to the Second Circuit and instructed the appellate court to analyze whether New York’s law requiring...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Hudson Cook, LLP

Supreme Court Upholds CFPB Funding Structure, Clears Way for Payday Lending Rule Implementation

Hudson Cook, LLP on

By a 7-2 vote today, the U.S. Supreme Court rebuffed a challenge to the constitutionality of the Consumer Financial Protection Bureau's funding structure, lifting a cloud that threatened the agency's enforcement and...more

2,054 Results
 / 
View per page
Page: of 83

"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