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HTMLBrexit Impact on European Patents and Trademarks
Karissa F. Blyth, Peter G. Pappas; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 24, 2016, previously published on June 24, 2016
On June 23, in the popularly-termed “Brexit” referendum, the United Kingdom voted to exit the European Union, a decision which will have wide-ranging effects, including potential effects on intellectual property rights in the UK.

 

HTMLSolidifying Claim Construction in Inter Partes Review - Cuozzo Allows Patent Office to Govern the Inter Partes Review Process
Karissa F. Blyth, Ann G. Fort, Robert R.L. Kohse, Peter G. Pappas; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 23, 2016, previously published on June 22, 2016
On June 20, the U.S. Supreme Court’s decision in Cuozzo Speed Technologies, LLC v. Lee, 2016 WL 3369425 (June 20, 2016) upheld the Patent Office’s long-held policy of construing a patent claim according to its broadest reasonable construction even in review and also barred judicial...

 

HTMLDon’t be Phased by Annuity Treatment: Taxation of Distributions During Phased Retirement
Brenna M. Clark, Adam B. Cohen, Brittany Edwards-Franklin, Thomas A. Gick, W. Mark Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 21, 2016, previously published on June 21, 2016
On June 10, the Internal Revenue Service (IRS) issued Notice 2016-39 in response to inquiries regarding the appropriate tax treatment under section 72 of the Internal Revenue Code (the Code) for payments received by an employee from a qualified defined benefit plan during phased retirement. For...

 

HTMLRighting Copyright Wrongs Remains Elusive - Kirtsaeng Leaves Fee Awards to District Court Discretion
Ann G. Fort, James H. Johnson, Robert R.L. Kohse, Peter G. Pappas, Daniel J. Warren; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 17, 2016, previously published on June 17, 2016
On June 16, the U.S. Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons Inc., No. 15-375, resolved a circuit court split by reaffirming the test district courts should use to determine whether to award attorney’s fees to the prevailing party in copyright litigation. The...

 

HTMLStay Out of the Weeds: Egregious, Not Garden-Variety, Patent Infringement Is Subject to Enhanced Damages
Ann G. Fort, Walter S. Freitag, Robert R.L. Kohse, Peter G. Pappas, William L. Warren; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 15, 2016, previously published on June 15, 2016
On June 13, the U.S. Supreme Court unanimously rejected the Federal Circuit’s rigid two-part test for awarding enhanced damages in patent cases. In two cases decided together, Halo Elecs., Inc. v. Pulse Elecs., Inc., and Stryker Corp. v. Zimmer, Inc., the Court found that the Federal...

 

HTMLCFPB Fires Another Warning Shot for Processors to Be Aware of Their Merchants’ Activities
Brian Barrett, Brian M. Murphy, Robert J. Pile, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 14, 2016, previously published on June 14, 2016
In a recent line of enforcement actions, the Consumer Financial Protection Bureau (CFPB) has signaled that it will hold payment processors liable if the CFPB believes the processors know or should have known that transactions processed for their processing customers are fraudulent or illegal. The...

 

Adobe PDFDOL and Treasury Update 2015-2016 Regulatory Agendas for Employee Benefits
Brenna M. Clark, Adam B. Cohen, Brittany Edwards-Franklin, Michael A. Hepburn, Cristopher D. Jones; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 26, 2016, previously published on May 25, 2016
The principal regulators of U.S. employee benefits have recently published updates to their guidance plans for the coming months.

 

HTMLImplementing the Whistleblower Immunity Notice Provision under the Recently-Enacted Federal Defend Trade Secrets Act
Ann G. Fort, Matt Gatewood, Peter G. Pappas, William L. Warren, Gail L. Westover; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 20, 2016, previously published on May 18, 2016
The Defend Trade Secrets Act, signed into law on May 11, 2016, includes a whistleblower immunity notice provision. An employer that wants to preserve maximum recoveries for misappropriation against an employee should take action now.

 

HTMLSupreme Court Explores Injury Requirement for Federal Statutory Standing
Wilson G. Barmeyer, Thomas M. Byrne, Valerie Strong Sanders, Steuart H. Thomsen, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 17, 2016, previously published on May 16, 2016
In a 6-2 opinion issued today, the Supreme Court vacated a Ninth Circuit holding that a plaintiff who alleges that his own federal statutory rights have been violated has alleged enough to establish Article III standing to sue. The Court remanded the long-pending Fair Credit Reporting Act case,...

 

HTMLUPDATE: Federal Defend Trade Secrets Act Signed Into Law; Employers May Need to Notify Employees
Ann G. Fort, Matt Gatewood, Peter G. Pappas, William L. Warren, Gail L. Westover; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 13, 2016, previously published on May 12, 2016
After overwhelming passage in both the House and Senate, President Obama signed the Defend Trade Secrets Act into law on April 11, 2016. The Act provides a truly uniform, nationwide set of standards for protecting trade secrets, plus a private right of action to sue in federal court. By creating a...

 


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