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  • Article

    HISA Federal Litigation Update

    The United States Supreme Court's involvement in challenges to the Horseracing Integrity and Safety Authority has created a complex legal landscape with conflicting circuit court decisions. Federal appeals courts in different jurisdictions have reached opposing conclusions about HISA's constitutionality under the private non-delegation doctrine, setting the stage for potential Supreme Court intervention. The ongoing legal battle affects horse racing operations across multiple states, with varying enforcemen
    United StatesGovernment, Public Sector
    Jones Walker LLP
    Jones Walker LLP
  • Article

    Industry Successful In TRICARE ‘Dear Manufacturer’ Challenge

    In ruling that the Oct. 14, 2004 Dear Manufacturer letter is invalid on procedural grounds, the Federal Circuit determined that the VA improperly failed to provide notice and comment rulemaking procedures under the Administrative Procedure Act.
    United StatesGovernment, Public Sector
Reed Smith
Reed Smith
  • Article

    Loose Lips Sink Procurements For Spaceships

    During a procurement, public agencies must balance the desire to provide offerors with detailed information against the need to ensure that information is accurate and fairly distributed. Providing offerors with extensive information about a project and robust answers to offeror questions can improve pricing and mitigate the perception of various risks.
    United StatesGovernment, Public Sector
    Nossaman LLP
    Nossaman LLP
  • Article

    H-1B Fee Reinstated Pending Appeal: MA Court Stays Its Own Ruling

    A federal court's decision to vacate the controversial $100,000 H-1B visa fee has been administratively stayed, reinstating the fee while the Trump Administration pursues emergency relief through the appellate process.
    United StatesImmigration
    Klasko Immigration Law Partners
    Klasko Immigration Law Partners
  • Podcast

    Immigration Insights Episode 28 | EB-5 Deadline Alert: Key Considerations Before September 30 (Podcast)

    As the September 30 grandfathering deadline approaches for the EB-5 regional center program, investors face critical decisions about filing their I-526E petitions to secure protection under current program rules. What protections does this deadline actually provide, and what recent Administrative Appeals Office decisions mean for investors considering partial investment strategies? Immigration attorneys Kate Kalmykov and Jennifer Hermansky examine these urgent questions while analyzing USCIS's newly release
    United StatesImmigration
    Greenberg Traurig
    Greenberg Traurig
  • Article

    A Significant Threshold To Establish Fraud Under Rule 60(b)

    The U.S. Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment which held that, in order to prove a “prima facie” case of fraud and set aside a prior judgment under Federal Rule of Civil Procedure 60(b), a party must demonstrate mistake, inadvertence or excusable neglect on the part of the opposing party or present newly discovered evidence showing such conduct.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Ability to Trade Options on Exchange-Traded Funds Without a License Affirmed

    The U.S. Court of Appeals for the Second Circuit recently affirmed the ruling of a district court that an options exchange, by creating, listing and facilitating the trading of options on shares in an exchange-traded fund (ETF) designed to track a proprietary market index, does not misappropriate intellectual-property rights of the creator of the index.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Accepting Remitted Award on Damages for Direct Infringement Extinguished Claims for Related Indirect Infringement

    The U.S. Court of Appeals for the Federal Circuit, in a case involving damages and remittitur, has affirmed the denial of the patent owner’s request for a second trial of his infringement claims; the Court determined the damages award from his first trial fully compensated him for all the activities of the proposed second set of defendants. Glenayre Electronics, Inc. v. Phillip Jackson, Case No. 04-1568 (Fed. Cir. Apr. 11, 2006) (Prost, J.).
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Anti-SLAPP Statute May Provide for Attorneys Fees in Trade Secret Case

    Jones Day v. Medianews Group, Case No. B178571, 2005 Cal. App. Unpub. LEXIS 7876 (Cal. App. Aug. 30, 2005) (Gutman, J.), the California Court of Appeal held a newspaper publisher that publishes illegally obtained material deemed "privileged and confidential" and "attorney work product" is protected from suit by California’s anti-SLAPP provision if the complaint arises from actions made in furtherance of the right to free speech in connection with a public issue.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    ASPIRINA Merely Descriptive Of Analgesic Goods

    A divided panel of the U.S. Court of Appeals for the Federal Circuit upheld the Trademark Trial and Appeal Board’s (TTAB’s) mere descriptiveness refusal of the mark "ASPIRINA" for analgesics.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Board Must Consider Rebuttal Evidence to New Ground of Rejection

    Addressing the issue of whether the Board of Patent Appeals and Interferences (the Board) must consider evidence submitted by the applicant during the appeal to rebut a position taken by the Board that was not presented during prosecution, the U.S. Court of Appeals for the Federal Circuit held the applicant "was entitled to respond to the evidence adduced sua sponte by the Board."
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Claimed ESTs Unpatentable for Failure to Satisfy Utility Requirement

    Settling an unresolved issue in biotechnology patent law, the U.S. Court of Appeals for the Federal Circuit affirmed the decision of the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences (the Board) and denied a patent to expressed sequence tags (ESTs) for failure to meet the statutory requirements of utility and enablement.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Coming Changes To The FRCP Can Affect IP Litigation

    IP litigation is among the most significant, and costly, litigation a company can face, regardless whether on the plaintiff or defense side.
    United StatesIntellectual Property
    Dykema Gossett
    Dykema Gossett
  • Article

    Copyright Safe Harbor Protects Company Monitoring Fault Codes to Maintain Machine

    In a case involving attempted use of the Digital Millennium Copyright Act (DMCA) to prevent repair and refurbishment of machinery, the U.S. Court of Appeals for the Federal Circuit (applying First Circuit law) recently held that accessing and using password-protected diagnostic software to maintain a machine does not constitute copyright infringement or improper circumvention under the DMCA.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Counsel May Confer With A Witness Between Cross-Examination And Re-Cross, But The Witness Might Be Re-Crossed On The Substance Of Such A Discussion

    The PTAB held that counsel may confer with a witness between the end of cross-examination and the beginning of re-cross, but not during cross-examination or re-cross.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Declaratory Judgment Counterclaims Give Defendants Control

    The U.S. Court of Appeals for the Federal Circuit recently affirmed in part and vacated in part a district court’s grant of judgment as a matter of law (JMOL) and remanded for further proceedings on the issues of invalidity. Old Town Canoe Co. v. Confluence Holdings Corp., Case No. 05-1123 (Fed. Cir. May 9, 2006) (Linn, J.; Mayer, J., dissenting).
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    District Court: Factual Disputes Preclude Application Of Safe Harbor To Gene Editing Technology At The Pleading Stage

    The District of Delaware recently denied a motion to dismiss a patent infringement complaint involving gene editing technology that sought relief under the Safe Harbor Provision of the Hatch-Waxman Act.
    United StatesIntellectual Property
    Akin
    Akin
  • Article

    Effective Disclaimer Required to Avoid Likelihood of Confusion

    Addressing the issue of the effectiveness of disclaimers, the U.S. Court of Appeals for the Second Circuit held that a junior party could be enjoined from referring to Weight Watcher’s "Points" trademark in its packaging of frozen food unless it could prove the effectiveness of its disclaimer in avoiding a likelihood of confusion.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Inventor Need Only Appreciate Invention Corresponding To Court For Reduction To Practice

    In addressing the issue of the extent to which a party need appreciate an embodiment of its invention to show that the party was first to actually reduce the claimed invention to practice, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a judgment by the U.S. Patent and Trademark Office’s Board of Patent Appeals and Interferences (the Board), finding that in terms of the scope of the interference count, the appellant did appreciate the invention at the time of its alleged
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Judge Fallon Strikes Plaintiff’s Opening Summary Judgment And Daubert Papers Due To Plaintiff’s Violation Of Page Limitation On Briefs

    The Court found that the infringement portion of Monec’s opening brief contained no legal analysis and HTC had to refer to the exhibit in dispute in order to respond.
    United StatesIntellectual Property
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Showing 561–580 of 4287 results

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