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Searching Content from United States indexed under Trials & Appeals & Compensation ordered by Published Date Descending.
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1
Court Rejects Tofurky's Request For Preliminary Injunction To Halt Enforcement Of Missouri's Meat Advertising Law
We previously blogged about the case of Turtle Island Foods, et al. v. Mark Richardson, 2:18-cv-04173, pending in federal court in the Western District of Missouri....
United States
23 Oct 2019
2
Federal Circuit Finds Method Of Manufacturing Patent Ineligible
In American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, Appeal No. 2018-1763 (Fed. Cir. Oct. 3, 2019), the Federal Circuit affirmed the district court's grant of summary judgment...
United States
23 Oct 2019
3
PTAB Precedential Decision On 35 U.S.C. § 315(a)(1) Shows Dismissed Civil Actions Still Bar IPR Institution
The PTAB recently designated a decision interpreting 35 U.S.C. § 315(a)(1) as precedential. Cisco Systems Inc. v. Chrimar Systems, Inc.
United States
23 Oct 2019
4
Wild West Of Website Accessibility Lawsuits Continues
Hoping for much needed guidance on website accessibility requirements under the ADA, the business community targeted by these cases has closely followed the Petition for Writ of Certiorari
United States
23 Oct 2019
5
Southern District Of New York Dismisses Putative Securities Class Action Against Pharmaceutical Company For Failure To Adequately Allege Scienter
On September 30, 2019, Judge J. Paul Oetken of the United States District Court for the Southern District of New York
United States
23 Oct 2019
6
Supreme Court To Review Important Pipeline Decision
On October 4, 2019, the Supreme Court granted review of a Fourth Circuit decision that rejected U.S. Forest Service authorization of a $7 billion natural gas pipeline.
United States
23 Oct 2019
7
District Court Stays After SAS – Simplified Or Not?
After SAS, does institution of an IPR make a district court more or less likely to stay a parallel litigation? Maybe, maybe not.
United States
23 Oct 2019
8
New Theories Not Permitted In IPR Reply Brief
In Henny Penny Corp. v. Frymaster L.L.C., No. IPR2016-01435, (P.T.A.B. Mar. 16, 2017), the petitioner (HPC) challenged certain claims of U.S. Patent No. 8,497,691, ...
United States
23 Oct 2019
9
Idaho Breaks The Right Way On Innovator Liability
California and Idaho share some similarities, but also many differences. Both are sprawling Western states.
United States
23 Oct 2019
10
Inventive Asia: Latest Developments In U.S. Intellectual Property Law
In the Fall 2019 issue, we discuss the effort now underway in the U.S. Congress to reform subject matter eligibility for patent protection; U.S. Supreme Court review of PTAB
United States
23 Oct 2019
11
TTABlog Test: How Did These Three Recent Section 2(d) Appeals Come Out?
A TTAB judge once told me that in 95% of Section 2(d) cases, one can predict the outcome just from looking at the marks and the involved goods/services
United States
23 Oct 2019
12
TTAB Finds THE VITAMIN SHOPPE Generic For . . . . Guess What?
Despite applicant's 40 years of use of the phrase "THE VITAMIN SHOPPE," the Board affirmed four refusals to register the mark...
United States
23 Oct 2019
13
Opioid Update: Sixth Circuit Won't Halt Bellwether Trial (And More)
Today the Sixth Circuit issued much-anticipated rulings rejecting bids by Ohio and the industry defendants to halt the upcoming opioid...
United States
22 Oct 2019
14
Dealer Management System Providers Join The Fray In Dispute Over Proper Scope Of State Dealer Laws
The two leading Dealer Management System ("DMS") providers in the United States—CDK Global, LLC ("CDK") and The Reynolds & Reynolds Company ("Reynolds")—have filed suit in federal court in Arizona...
United States
22 Oct 2019
15
11th Circuit's Decision in AseraCare: Important in Determining When Clinical Judgment Regarding Medical Necessity Can Result in an Overpayment
Two common issues arise in False Claims Act (FCA) litigation, one specific to health care FCA litigation and one that cuts across all FCA actions involving corporate entities.
United States
22 Oct 2019
16
Following More Than Just Money
In our How Not To Create an "Exception" to the Learned Intermediary Rule post two years ago, we criticized a couple of Texas trial court cases for attempting to create a company ...
United States
22 Oct 2019
17
Delaware Court Of Chancery Highlights The Significance Of Director Oversight Of "Mission Critical" Operations
On October 1, 2019, Vice Chancellor Joseph Slights of the Delaware Court of Chancery issued an opinion in In re Clovis Oncology, Inc. Derivative Litigation
United States
22 Oct 2019
18
Third Party Determinations In Michigan
Contracting parties sometimes agree to designate a third-party to make determinations relating to their agreement.
United States
22 Oct 2019
19
Michigan Court Of Appeals Holds That Violating Code Of Ethics A Legitimate, Non-Discriminatory Reason For Termination
On July 23, 2019, the Michigan Court of Appeals affirmed dismissal of an age-discrimination complaint against a bank where the bank's internal investigation revealed that the plaintiff violated its code-of-ethics policy.
United States
22 Oct 2019
20
Replacing Life Insurance Policy Triggers Change In Suicide Coverage
Replacing life insurance has ramifications. In a recent Third Circuit case, the ramifications resulted in the loss of full policy benefits.
United States
21 Oct 2019
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