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HTMLWis. Supreme Court Accepts New Case: When Are Covenants Not to Compete Illusory for At-Will Employees?
Philip C. Babler; Foley & Lardner LLP;
Legal Alert/Article
July 18, 2014, previously published on July 14, 2014
Last month, the Wisconsin Supreme Court accepted the Court of Appeals’ certification in Runzheimer Int’l, Ltd. v. Friedlen, No. 13AP1392 (Apr. 15, 2014). The intermediate appellate court had certified the following question: “Is consideration in addition to continued employment...

 

HTMLWTO Rules U.S. Countervailing Duties on Solar Panels Violate Global Trade Rules
Jeffery R. Atkin, Justus J. Britt, Robert H. Huey; Foley & Lardner LLP;
Legal Alert/Article
July 18, 2014, previously published on July 14, 2014
The World Trade Organization (WTO) ruled Monday that U.S. countervailing duties imposed on a range of Chinese products, including solar panels, violated global trade rules by imposing punitive import duties.

 

HTMLThe Doctrine of Equitable Assignment is Alive and Well in Wisconsin
Rachel M. Blise; Foley & Lardner LLP;
Legal Alert/Article
July 18, 2014, previously published on July 15, 2014
That was the holding of the Wisconsin Supreme Court in an opinion issued on Thursday in Dow Family, LLC v. PHH Mortgage Corporation, 2014 WI 56. The facts of the case are similar to thousands of foreclosure cases prosecuted in Wisconsin every year, but with a couple of interesting twists, which we...

 

HTMLTo Stay Union Free, Auto Industry Employers Must Be Prepared
Michael W. Groebe; Foley & Lardner LLP;
Legal Alert/Article
July 18, 2014, previously published on July 14, 2014
As a member of the automotive industry, you know unions are not going away anytime soon regardless of recent defeats like those suffered by the UAW at Volkswagen in Tennessee. The UAW and others have stepped up their organizing efforts and do not be surprised if they come knocking on your...

 

HTMLFederal Circuit Holds That Even Functional Claims Require Structural Fence Posts
Courtenay C. Brinckerhoff, Jacob D. Moore; Foley & Lardner LLP;
Legal Alert/Article
July 17, 2014, previously published on July 11, 2014
In AbbVie Deutschland Gmbh v. Janssen Biotech, Inc., the Federal Circuit affirmed the district court decision that found AbbVie’s patents directed to anti-IL-12 antibodies invalid for lack of adequate written description. As between the parties, this decision leaves Centocor free to market...

 

HTMLIt's Not a Federal Question: 7th Circuit Sends Case Involving Affordable Care Act Funds Back to State Court
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
July 17, 2014, previously published on July 10, 2014
What is or what is not a federal question under Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005), is an issue that continues to perplex lawyers, judges, and law students alike. In Hartland Lakeside Joint No. 3 School District v. WEA Insurance...

 

HTMLPutting Structure and Function Into Context for USPTO Patent Subject Matter Eligibility Guidance
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
July 14, 2014, previously published on July 8, 2014
The USPTO’s ”Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, and Natural Products” has been criticized for requiring a product to be markedly different in structure from a product of nature in order to be...

 

HTMLToo Little, Too Late: Seventh Circuit Reaffirms the Limits of a Registration Proceeding Under 28 U.S.C. § 1963
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
July 14, 2014, previously published on July 7, 2014
In Goldman v. Gagnard, No. 12-2706 (June 27, 2014), the Seventh Circuit (in an opinion authored by Judge Tinder) waded into a long-running, continent-spanning dispute, which it characterized as “Dickensian” in character, arising out of water leaks in a California house that was sold ten...

 

HTMLThe Supreme Court's Aereo Ruling: Is the Sky Falling for Cloud Computing?
Janina Gorbach; Foley & Lardner LLP;
Legal Alert/Article
July 14, 2014, previously published on July 8, 2014
With the Supreme Court’s Aereo decision finally out, the digital industry is struggling with its impact, if any, on various products and services, particularly with regard to cloud computing. However, the Supreme Court narrowly tailored the Aereo decision to services that closely resemble...

 

HTMLFacilities Siting: The Right Considerations Lead to the Right Choice
Douglas S. Buck, Michael W. Hatch; Foley & Lardner LLP;
Legal Alert/Article
July 14, 2014, previously published on July 9, 2014
According to the research, manufacturers are on the move. The questions and considerations listed below are a great starting point for any company opening or relocating a manufacturing facility.

 


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