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|IPR Spotlight Series: What to Do When the PTAB Denies Your Petition to Institute IPR|
Meaghan Hemmings Kent, Fabian M. Koenigbauer, Carly S. Levin, Steven J. Schwarz; Venable LLP;
July 28, 2014, previously published on July 24, 2014Inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB) became available on September 16, 2012 as a post-grant review procedure to challenge the patentability of issued claims based on prior art patents and publications. To help navigate the uncharted waters of this procedure,...
|Federal Circuit Reverses Termination Of Enforcement Proceedings In Align Technology Appeal (2013-1240, 1363)|
Lisa M. Mandrusiak, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
July 28, 2014, previously published on July 25, 2014On July 18, 2014, the U.S. Court of Appeals for the Federal Circuit issued its opinion in Align Technology, Inc. v. ITC (2013-1240, 1363). This was an appeal from the International Trade Commission’s (“the Commission”) decision that it could review the ALJ’s Order...
|US Appellate Court Clarifies Due Process Rights for Parties Subject to CFIUS Review of Foreign Investments|
Timothy J. Keeler, Simeon M. Kriesberg, Kelsey Rule, Margaret-Rose Sales; Mayer Brown LLP;
July 26, 2014, previously published on July 22, 2014The US Court of Appeals for the DC Circuit has reversed a lower court’s ruling and held that companies undergoing review by the Committee on Foreign Investment in the United States (CFIUS or the Committee) have a due process right to notice of unclassified evidence and an opportunity to rebut...
|$30, Four Opinions, and No Decision: The Province and Duty to Say What the Law Probably Is|
Kellen C. Kasper; Foley & Lardner LLP;
July 26, 2014, previously published on July 25, 2014Federal appellate courts ordinarily grant en banc hearings or rehearings only when “(1) en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or (2) the proceeding involves a question of exceptional importance.” Fed. R. App. P. 35(a). So,...
|Registration for JACK BLACK allowed on appeal|
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
July 25, 2014, previously published on July 23, 2014The applicant for the registration of the trade-mark JACK BLACK has won before the Federal Court. The application is for wares relating to personal care and grooming products, including lotions and skin preparations, shaving gels and deodorants, among others. The mark was found to have been used...
|Federal Circuit Affirms in X2Y Attenuators Appeal (2013-1340)|
Alexander B. Englehart, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
July 25, 2014, previously published on July 23, 2014On July 7, 2014, the Federal Circuit issued its opinion in X2Y Attenuators, LLC v. Int’l Trade Comm’n (2013-1340). This was an appeal by X2Y Attenuators, LLC (“X2Y”) from the International Trade Commission’s (the “Commission”) final determination in Certain...
|Wisconsin Supreme Court’s Decision in Associated Bank N.A. v. Collier Changes the Rules for Collecting Judgments|
Eric J. Hatchell; Foley & Lardner LLP;
July 25, 2014, previously published on July 22, 2014In Wisconsin, supplemental proceedings under Wis. Stat. ch. 816 are the principal tool by which a judgment creditor can discover assets of the judgment debtor in aid of collection. But for the last 15 years, they have also been the mechanism by which sophisticated judgment creditors have obtained a...
|New Jersey Appellate Division Holds That the NJLAD Prohibits Discrimination Against Employees in the Process of Being Divorced|
Robin Koshy, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 24, 2014, previously published on July 17, 2014In Smith v. Millville Rescue Squad, 2014 WL 2894924 (App. Div. June 27, 2014), the Appellate Division held that the New Jersey Law Against Discrimination’s (NJLAD) prohibition against discrimination based on “marital status” encompasses discrimination against individuals who are...
|Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process|
Mark L. Jensen, J. Scott Maberry, Robert L. Magielnicki, Thaddeus Rogers McBride, Brian D. Weimer; Sheppard, Mullin, Richter & Hampton LLP;
July 24, 2014, previously published on July 18, 2014In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the investment deprived the foreign investor of due process under the 5th...
|Maryland Court of Appeals Establishes a Two-Part Test for Business Pursuits Exclusion|
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
July 24, 2014, previously published on July 2014Maryland adopted a two-part test for determining when insurers should apply a business pursuits exclusion in a homeowner’s policy for business activities. The Maryland Court of Appeals joined the Third Circuit and high courts of several other states, including Kansas, Arizona, and Montana, in...