By Alex Grabowski
Addressing the imposition of sanctions for spoliation in a US ITC case, the US Court of Appeals for the Federal Circuit upheld the ITC's imposition of default judgment sanctions...
By Natalie Bennett
The US Court of Appeals for the Second Circuit agreed with the New York Court of Appeals that there is no New York State common law "right of public performance" for pre-1972 recordings...
By Blake Wong
Addressing the de minimis requirement of copyright infringement and the ownership of a software program's output, the US Court of Appeals for the Ninth Circuit determined that downloading...
By Ruth Wimer, CPA
, Kevin Spencer
, David Díaz
On March 20, 2017, the Internal Revenue Service (IRS) issued Revenue Procedure 2017‑28, which provides guidance to employers on obtaining employee consents used to support a claim for credit or refund of overpaid taxes under the Federal Insurance Contributions Act (FICA) and the Railroad Retirement Tax Act (RRTA).
By Mary Strimel
, Melanie Hallas
On July 6, 2016, Danone S.A. (Danone) agreed to acquire The WhiteWave Foods Company (WhiteWave) for $12.5 billion.
By Eleanor B. Atkins
The Fourth Circuit affirmed a district court's grant of summary judgment for the defendant, finding that the plaintiff failed to establish the necessary elements of a false advertising claim for any of the challenged statements.
By Ulrika Mattsson
The US Court of Appeals for the Eighth Circuit affirmed the district court's decision that a university licensing authority violated the First Amendment when refusing to approve use of the university's trademarks on t-shirts incorporating a marijuana leaf design.
By Brian Jones
After the US Court of Appeals for the Federal Circuit addressed the very same issue and patent, the Patent Trial and Appeal Board (PTAB) reached a split decision.
By Rolando Gonzalez
Both the US Court of Appeals for the Federal Circuit and the Patent Trial and Appeal Board (PTAB) reached the same conclusion, finding the patents not eligible for CBM review.
By Wilko van Weert
The Hague District Court in the Netherlands rejected a claim brought by smartphone maker Archos alleging that Philips had abused its dominant position during negotiations concerning licenses on FRAND terms for SEPs.
By McDermott Will & Emery
Addressing jurisdictional transfer issues in a divided opinion, the US Court of Appeals for the Federal Circuit granted the extraordinary relief of issuing a mandamus order to transfer a patent infringement case.
By Rebecca Harker Duttry
The US Court of Appeals for the Federal Circuit reversed a district court's judgment of infringement, finding that the accused product contained an excipient not within the asserted claim's closed Markush group.
By Lisa Schmitz Mazur
, Dale Van Demark
, Shelby Buettner
, Marshall Jackson, Jr.
Late last month, Senator Cory Gardner (R-CO) and Senator Gary Peters (D-MI) introduced Senate Bill 787, the Telehealth Innovation and Improvement Act (Telehealth Improvement Act)...
By Tony Maida
, Emily Cook
, Tiffany Mason
With health care becoming more consumer-driven, health care providers and health plans are wrestling with how to incentivize patients to participate in health promotion programs and treatment plans.
By Erin Kartheiser
, Joanna Kerpen
, Sarah Raaii
In a recent presentation, McDermott attorneys discussed how to prepare responses for a Department of Labor (DOL) investigative audit of a company's health and welfare plan...