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Searching Content from United States indexed under Litigation, Mediation & Arbitration ordered by Published Date Descending.
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1
Brett Kavanaugh's Supreme Court Job Interview: An Employer's Perspective
The Senate is gearing up to consider President Trump's nomination of Judge Brett Kavanaugh as an Associate Justice of the Supreme Court to replace Justice Kennedy.
United States
16 Aug 2018
2
Post-BMS Winning Streak Continues In Essure Litigation In The Eastern District Of Missouri
These days, when the subject turns to victorious Philadelphia sports teams, most people think green, and "fly" and "Philly Special." But we are not most people.
United States
16 Aug 2018
3
Relevant Public, Not General Public, When Determining Availability Of Printed Publication
On July 27, 2018, the Federal Circuit reversed the PTAB's finding that Petitioner GoPro, Inc. failed to establish the public availability of an alleged prior art printed publication.
United States
16 Aug 2018
4
Honey Badger Don't Care, But The Lanham Act Might
For the first time since it began balancing the competing interests of trademark plaintiffs and creators of expressive works ...
United States
16 Aug 2018
5
Ninth Circuit Withdraws Controversial Altera Opinion And Will Allow New Judge To Make Ultimate Determination
On August 7, 2018, the Ninth Circuit withdrew its July 24 decision in Altera so that new panel member, Judge Susan P. Graber, can now consider the case.
United States
16 Aug 2018
6
Expenses Under 35 U.S.C. § 145 Does Not Include Attorneys' Fees
In Nantkwest, Inc. v. Iancu, No. 2016-1794 (Fed. Cir. July 27, 2018), the Federal Circuit, sitting en banc (excl. Chen, C.J.), affirmed the district court's decision ...
United States
16 Aug 2018
7
Insurance Class Action Quarterly Update
This quarter has seen a few new types of class actions against insurers as well as aging of some more mature theories wending their way through the courts.
United States
16 Aug 2018
8
After Granting A Motion To Compel Arbitration, A Court Operating Under The FAA Should Stay, Not Dismiss, The Pending Suit. And Then What?
After granting a motion to compel arbitration, should a court operating under the FAA stay or dismiss the pending judicial proceeding?
United States
16 Aug 2018
9
New PA Superior Court Decision Indicates Extra Precautions Needed By Attorneys To Protect Work Product Of Third Party Consultants
Attorneys engaged to conduct internal investigations are often sought and retained in order to allow a sensitive inquiry to unfold under the cloak of protection available through the attorney-client relationship.
United States
16 Aug 2018
10
Express Mobile Hits Nearly Two Dozen Defendants in California and Delaware
Express Mobile, Inc. has filed a slew of new cases in its patent litigation campaign, which has been targeting web authoring tools since April 2015.
United States
16 Aug 2018
11
Recent Appeals Court Decision Enables Hospitals To Appeal Old Base-Year Cost-Reporting Errors That Affect Prospective GME Reimbursement
On June 29, 2018, the US Court of Appeals for the DC Circuit invalidated a Centers for Medicare & Medicaid Services (CMS) regulatory interpretation that prevented hospitals ...
United States
16 Aug 2018
12
MDL Court Denies Certification Of Class In Testosterone Replacement Therapy Litigation
The MDL court in the Testosterone Replacement Therapy ("TRT") litigation involves more than just individual product liability cases.
United States
15 Aug 2018
13
The Federal Circuit Weighs In On Disgorgement
The Federal Circuit recently held that a plaintiff seeking disgorgement of defendant's profits as a remedy for trade secret misappropriation has no right to a jury decision on the amount to be awarded;
United States
15 Aug 2018
14
PTAB Publishes Updated AIA Trial Practice Guide
The USPTO's Patent Trial and Appeal Board (PTAB) has published an update to the AIA Trial Practice Guide (TPG) containing additional guidance about trial practice before the Board.
United States
15 Aug 2018
15
Finding PILLOW PODS Confusable With PILLOW PAWS For Socks, TTAB Grants Cancellation Petition, Dismisses Section 18 Counterclaim
The Board granted a petition for cancellation of a registration for the mark PILLOW PODS for "socks," finding a likelihood of confusion with the registered mark PILLOW PAWS for "slipper socks...
United States
15 Aug 2018
16
The Association Health Plan Challenge: The States Initiate Litigation Challenging The Final Rule
In our blog post of July 10, 2018, we discussed the key elements of the Final Rule issued on June 21, 2018 with respect to Association Health Plans (AHPs).
United States
15 Aug 2018
17
New Jersey Tax Court Finds That Companies For Which New Jersey Is The Home State Must Pay Taxes On All Premiums Paid To Captive Insurers For U.S. Based Risks.
A tax court judge in New Jersey has handed Johnson & Johnson (J&J), and likely other New Jersey-based businesses that operate captive insurers, a significant loss in an opinion interpreting...
United States
15 Aug 2018
18
When The Words Of A Claim Don't Matter - Federal Circuit Extends Printed Matter Doctrine To Information And Mental Steps In Affirming PTAB's Obviousness Determination
In Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd., 890 F.3d 1024 (Fed. Cir. 2018), the Federal Circuit affirmed the PTAB's application of the rarely...
United States
15 Aug 2018
19
Arbitration Class Waivers, Past Practice (Not Established) And Skirmishing Over Information Requests All Part Of Recent NLRB Action
Since December 2017, when the Board issued a number of decisions which restored precedent that had been changed in the last few years, (discussed here, here, here, and here) ...
United States
15 Aug 2018
20
DC Federal Court Dismisses FACTA Class Action On Standing Grounds
On August 3, the U.S. District Court for the District of Columbia dismissed a putative class action brought under the Fair and Accurate Credit Transactions Act ...
United States
15 Aug 2018
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