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HTMLThe SEC’s Telling Enforcement Shift
Robert V. Williams; Burr & Forman LLP;
Legal Alert/Article
March 10, 2015, previously published on January 23, 2015
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 made numerous, and significant, changes to the Securities and Exchange Commission’s regulatory powers particularly with respect to regulated professionals in the securities industry. But its broad sweep did not ignore...

 

HTMLSupreme Court Changes Standard Of Review For Patent Claim Construction Rulings
Ryan M. Corbett; Burr & Forman LLP;
Legal Alert/Article
February 17, 2015, previously published on January 23, 2015
In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court revised the standard of review used by the Federal Circuit for nearly twenty years in reviewing claim construction rulings, replacing a de novo standard with a “clearly erroneous” standard. Teva sued Sandoz for...

 

HTMLFederal Circuit Reverses Course, Affirms Patent Ineligibility Ruling in View of Surpreme Court Alice Decision
Ryan M. Corbett; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on December 15, 2014
On November 14, 2014, after twice before reversing the lower court’s dismissal of Ultramercial’s complaint for failing to claim statutory subject matter, the Federal Circuit agreed with the lower court that Ultramercial’s patent claims are ineligible under 35 U.S.C. § 101....

 

HTMLThe Supreme Court Considers The Requirements For Removal
Daniel P. Dietrich; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on October 27, 2014
The Class Action Fairness Act of 2005 (“CAFA”) outlines the federal courts’ diversity jurisdiction over class actions. Among other things, it increased the amount in controversy to $5 million (28 U.S.C. § 1332(d)(2), (6)), and rather than complete diversity, only requires one...

 

HTMLBusiness Method Patents Live! - Federal Circuit Finds First Patent That Survives Post-Alice Analysis
Ryan M. Corbett; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on December 16, 2014
Since the Supreme Court issued its June 2014 decision in Alice Corp. v. CLS Bank International,[1] federal district courts, the Court of Appeals for the Federal Circuit, and the United States Patent & Trademark Office have been invalidating patent claims under 35 U.S.C. § 101 at an...

 

Adobe PDFMake 'Em Pay! Sovereign Nation Or Not
Joseph T. King; Burr & Forman LLP;
Legal Alert/Article
July 7, 2014, previously published on June 26, 2014
On June 16, 2014, the United States Supreme Court ruled that the Foreign Sovereign Immunities Act doesn't forbid or limit post-judgment discovery in aid of execution. Indeed, there is nothing wrong with a judgment creditor seeking discovery in a supplemental proceeding of a sovereign nation's bank...

 

HTMLSupreme Court Upholds EPA Rule Limiting Cross-State Pollution
John A. Schifino; Burr & Forman LLP;
Legal Alert/Article
May 15, 2014, previously published on May 9, 2014
The Supreme Court handed the Obama administration a victory on Tuesday, April 29, 2014, when it injected new life into an Environmental Protection Agency rule targeting air pollution that drifts across state borders.