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Searching Content indexed under Trials & Appeals & Compensation by BakerHostetler ordered by Published Date Descending.
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1
Exmark's The Spot For Royalty Rate Apportionment
The language of the patent damages statute, 35 U.S.C. § 284, appears straightforward – "[u]pon finding for the claimant the court shall award the claimant damages adequate to compensate for
United States
20 Aug 2019
2
The Ninth Circuit Withdraws Its Opinion Applying Dynamex Retroactively; Asks California Supreme Court To Decide Instead
The Ninth Circuit Court of Appeals changed its mind and decided to ask the California Supreme Court to decide whether the California Supreme
United States
20 Aug 2019
3
Supreme Court Gives Green Light To Prosecutors "Piling On" In Cross-Border Criminal Enforcement Actions
On June 17, 2019, in Gamble v. United States, the U.S. Supreme Court held that the Double Jeopardy Clause of the Fifth Amendment to the U.S.
United States
20 Aug 2019
4
Return Mail May Make COFC More Attractive To Patent Holders
In 2011 the Leahy-Smith America Invents Act created three new types of post-issuance proceedings to challenge patent validity: inter partes review,[1] post-grant review[2] and covered
United States
4 Jul 2019
5
When A Third-Party Defendant Is Not A Defendant – Supreme Court Reinforces Removal Loophole
In a 5-4 decision written by Justice Clarence Thomas, and in which Justices Ginsburg, Breyer, Sotomayor and Kagan joined, the U.S.
United States
20 Jun 2019
6
Can Delivery Drivers Be Compelled To Arbitrate After New Prime? New Jersey Appellate Courts Seem To Take Conflicting Positions
After New Prime v. Oliveira, 139 S. Ct. 532 (2019), many wondered if state arbitration law could be applied when transportation workers were found to be exempt from the Federal Arbitration Act (FAA) based on § 1.
United States
18 Jun 2019
7
Bank Settles $5 Million Parental Leave Discrimination Lawsuit
In a follow-up to our August 2018 blog post regarding a $1.1 million class settlement of the EEOC first parental leave lawsuit against a large cosmetics company, a large financial institution has just agreed to pay...
United States
18 Jun 2019
8
Mission Products V. Tempnology: The Supreme Court Speaks
In February, following oral argument before the U.S. Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC,[1] we wrote about the hugely important trademark law issue presented
United States
7 Jun 2019
9
Standing In Uncertainty: Spokeo Three Years Later
In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right...
United States
5 Jun 2019
10
Mortgage Servicer Settles Mini-Check Misery For $26 Million
Consumers allege they were trapped by invisible enrollment tag-team
United States
31 May 2019
11
DC Circuit Reverses SEC - Negligent Omissions And Willful Omissions Are Mutually Exclusive
On April 30, 2019, the U.S. Court of Appeals for the D.C. Circuit held that an investment adviser (IA) cannot willfully make a negligent disclosure in its Forms ADV.
United States
21 May 2019
12
DC Circuit Reverses SEC Finding That Negligent Omissions And Willful Omissions Are Mutually Exclusive
On April 30, 2019, the U.S. Court of Appeals for the D.C. Circuit held that an investment adviser (IA) cannot willfully make a negligent disclosure in its Forms ADV.
United States
17 May 2019
13
StarKist Gets A Heart-Check Gut Check
When New York resident Abraham Warner filed suit against tuna giant StarKist Co. for its packaging art, it wasn't over its beatnik-inspired mascot, Charlie the Tuna.
United States
29 Apr 2019
14
SCOTUS Skirts Janus On Securities Liability For Distributing False Or Misleading Information
The Supreme Court of the United States recently upheld a broad interpretation of the antifraud rule[1] of the federal securities laws that likely will have far-reaching implications for enforcement and civil actions.
United States
17 Apr 2019
15
Supreme Court Clarifies Meaning Of ‘Full Costs' In Section 505 Of Copyright Act
In Rimini Street, Inc. v. Oracle USA, Inc.,[1] a unanimous Supreme Court recently held that 17 U.S.C. § 505's award of "full costs" is limited to the specific categories of costs defined in 28 U.S.C. §§ 1821 and 1920
United States
11 Apr 2019
16
Federal Circuit Holds That Claims Directed To Methods Of Treating Pain In A Renally Impaired Patient Are Patent-Eligible Under Section 101
For the second time in as many weeks, the Federal Circuit has reversed a district court's finding of patent ineligibility under Section 101 in the life science space,
United States
11 Apr 2019
17
Caution: Precertification Communications With Absent Class Members
Are absent members of an uncertified class or Fair Labor Standards Act (FLSA) collective action "parties" and thus "represented" by plaintiff's counsel?
United States
10 Apr 2019
18
Kentucky Rejoins The Majority – New Law Permits Mandatory Arbitration Agreements
A Sept. 27, 2018, Kentucky Supreme Court ruling found that mandatory arbitration agreements conditioned on employment were not enforceable.
United States
10 Apr 2019
19
Trial Courts Wrestle With Expert Testimony And Daubert At Class Certification
Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence ...
United States
1 Apr 2019
20
Protected Or Unprotected: The Supreme Court Hears Iancu v. Brunetti
On April 15, 2019, the Supreme Court will hear arguments on whether dirty words and vulgar terms may be registrable as trademarks ...
United States
1 Apr 2019
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