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HTMLPTAB Requires Additional Showing for Cross-Examination If Testimony Was Prepared for Another Proceeding
Matthew A. Ambros; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 16, 2014
A recent order from the Patent Trial and Appeal Board (“Board”) in an inter partes review illustrates how the Board may handle situations where a party seeks to depose a declarant whose testimony was submitted through a declaration from another proceeding ¿ requiring the party to...

 

HTMLWe Need a Smarter, Greener Grid, But How?
David R. Zoppo; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
There is no denying that the U.S. electrical grid is in need of replacing, but the route to achieving that goal is unclear. The EPA added another curve in June 2014 with its proposed and highly controversial Clean Power Plan, which requires the total carbon dioxide emissions from existing U.S....

 

HTMLFinally Facing First Inventor to File Issues
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 15, 2014
It has been over three years since the Leahy-Smith America Invents Act was signed into law by President Obama, and just over eighteen months since the effective date of the first-inventor-to-file changes to 35 USC § 102. While those changes were a hot topic in March of 2013, it is only over...

 

HTMLGov. Cuomo Signs Law Extending Real Property Tax Abatement for Solar Power Installation
Samuel J. Scroggins; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 13, 2014
Governor Cuomo has signed into law a bill that extends real property tax breaks for installing electricity-generating solar panels on New York City buildings effective September 23, 2014.

 

HTMLRecent College Coach Lawsuits Emphasize the Importance of Good Contract Language
Daniel W. Werly; Foley & Lardner LLP;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
The recent flurry of scandals in professional sports, particularly those from the NFL that dominated headlines in recent weeks, are not without their counterparts in the college ranks. Indeed, in the past year there have been an increasing number of controversies involving college coaches, which in...

 

HTMLSeventh Circuit Warns Intervenors Not to Sleep on Their Rights
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
It’s an ancient principle of equity, drawn from Roman law: Equity relieves the vigilant, not those who sleep upon their rights. And it sums up quite well the Seventh Circuit’s recent decision in SEC v. First Choice Management Services, Nos. 14-1270 & 14-2284 (Sept. 11, 2014). First...

 

HTMLSeventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
Federal Rule of Civil Procedure 60(b)(5) allows a party to move for relief from a final judgment on the ground that “it prospectively is no longer equitable.” Motions under Rule 60(b)(5) must be made “within a reasonable time” under Rule 60(c)(1), but subsection (c)(1)...

 

HTMLMais Reversed: If You Give Me Your Number, I Can Call It, However I Want
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 1, 2014
“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection Act. On September 29, 2014, the United States Court of...

 

HTMLPatent Office Extends AFCP 2.0 and QPIDS Pilot Programs to September 2015
Andrew Balazer; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 13, 2014
The United States Patent and Trademark Office (USPTO) just announced it has extended the After Final Consideration Pilot program (AFCP 2.0) and the Quick Path Information Disclosure Statement program (QPIDS), which are now set to run until September 30, 2015.

 

HTMLFederal Circuit Jurisdiction Over Patent Contract Disputes
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
In a precedential order issued in Jang v. Boston Scientific Corp., the Federal Circuit held that it has jurisdiction over the parties’ patent-related contract dispute under Gunn v. Minton even though the patents at issue have been invalidated. Despite having found Federal Circuit...

 


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