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Searching Content indexed under Trials & Appeals & Compensation by BakerHostetler ordered by Published Date Descending.
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1
Federal Circuit Confirms The Value Of Design Patents Covering Replacement Parts
On July 23, 2019, the Federal Circuit departed from its utility patent-focused docket to deliver a precedential opinion relating to design patents
United States
9 Sep 2019
2
Third Circuit Smacks Down Class Action Settlement In Google Cookie Placement Litigation
In a refreshingly plain-spoken opinion issued Aug. 6, a three-judge panel of the Third Circuit Court of Appeals criticized a multimillion-dollar class action settlement in litigation
United States
30 Aug 2019
3
Tennessee District Court Refuses Conditional Certification Of Class Of Assistant Managers
In collective actions under the FLSA, courts typically apply a lower standard to the first "conditional certification" stage. In some cases
United States
26 Aug 2019
4
District Court Decertifies FLSA Collective Action With Independent Contractor Issues
We've commented many times before that relatively few collective actions survive the "second stage" motion to decertify or, relatedly, an unofficial "third stage"...
United States
22 Aug 2019
5
"Original Patent" vs. Written Description — A New Reissue Gauntlet?
In two opinions issued in the past few weeks, the Federal Circuit has shaken up two requirements of the reissue statute that most practitioners don't think about much.
United States
22 Aug 2019
6
Preppy Retailer Gets Sued Over Poorly Printed Receipt
Vineyard Vines accused of including customer expiration date on receipt.
United States
22 Aug 2019
7
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
8
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
9
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
10
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
11
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
12
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
13
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
14
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
15
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
16
Mortgage Servicer Settles Mini-Check Misery For $26 Million
Consumers allege they were trapped by invisible enrollment tag-team
United States
31 May 2019
17
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
18
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
19
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
20
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
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