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|SD3 v. Black & Decker (U.S.), Inc. - District Judge Axes Complaint Alleging Table Saw Safety Standards Conspiracy|
Leo Caseria; Sheppard, Mullin, Richter & Hampton LLP;
August 6, 2014, previously published on August 4, 2014The pen may be mightier than the sword, but not necessarily mightier than the table saw. On July 15, 2014, in SD3 v. Black & Decker (U.S.), Inc., Case No. 1:14-cv-191 (E.D. Va.), District Judge Claude M. Hilton dismissed antitrust claims by SD3 and Sawstop against several manufacturers of...
|Southern District Magistrate Judge Clarifies FLSA “Computer Professional” Exemption|
Rachel J. Tischler; Sheppard, Mullin, Richter & Hampton LLP;
August 5, 2014, previously published on August 4, 2014In an April 2014 decision in the Southern District of New York, Olorode v. Streamingedge, Inc., No. 11 Civ. 6934 (GBD) (AJP) (S.D.N.Y. Apr. 29, 2014), employers were given some clarification on the Computer Professional overtime exemption available under the Fair Labor Standards Act...
|Federal Circuit Says Commission Must Toe the Line in Invisalign ITC Case|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
July 25, 2014, previously published on July 23, 2014In Align Technology, Inc. v. International Trade Commission, the Federal Circuit held that ITC action that violated ITC’s own regulations warranted vacatur under the Administrative Procedures Act. While the case addresses specific ITC regulations, the same principles apply to other agencies,...
|Supreme Court Hears Arguments Regarding Induced Infringement in Limelight|
H. Wayne Porter; Banner & Witcoff, Ltd.;
May 6, 2014, previously published on May 1, 2014On April 30, 2014, the U.S. Supreme Court heard arguments in Limelight Networks, Inc. v. Akamai Technologies Inc. The issue in this case is whether there can be liability for induced infringement if no party is liable for direct infringement.
|Federal Court Rules That Zip Code Alone is Not an Address Under D.C. Credit Card Transaction Law|
Benita A. Kahn, John L. Landolfi, Lisa Pierce Reisz, Eric S. Whisler; Vorys, Sater, Seymour and Pease LLP;
April 21, 2014, previously published on April 18, 2014Fifteen states and the District of Columbia have laws that restrict the collection of personal identification information at the point of sale when payment is made by a credit card. Retailers received good news recently from the U.S. District Court for the District of Columbia in Hancock v. Urban...
|Federal Circuit Reverses District Court on Claim Construction in Patent Suit Involving Google's Street View|
Duane Morris LLP;
March 20, 2014, previously published on March 18, 2014On March 14, 2014, the U.S. Court of Appeals for the Federal Circuit ruled in a patent appeal case involving Google's Street View technology on a topic in patent law that has received considerable attention recently—claim construction. In Vederi, LLC v. Google, Inc., the Federal Circuit...
|Copyright Office Planning To Conduct Webinar, Voluntary Trials For Its “E-Licensing” System For Filing Statements Of Account|
Seth A. Davidson, Arthur H. Harding; Edwards Wildman Palmer LLP;
March 18, 2014, previously published on March 2014The Copyright Office has been engaged in a multi-year, multi-million dollar project to develop an on-line system for cable operators to use in preparing and filing their semi-annual compulsory license statements of account (SOAs). Previously referred to as the “reengineering project,”...
|Supreme Court’s Cafa Ruling May Open Door to Increased State Attorney General Privacy-Related Lawsuits|
Anthony T. Eliseuson; Dentons Canada LLP;
March 12, 2014, previously published on March 7, 2014The Supreme Court’s recent rejection of Class Action Fairness Act (“CAFA”) jurisdiction in parens patriae suits (suits brought by state attorneys general on behalf of the state or state’s citizens in general) will likely increase the filing of such suits asserting claims and...
|The Theratechnologies Case|
Bernard Larocque, Jean-Philippe Lincourt; Lavery, de Billy, L.L.P.;
March 12, 2014, previously published on March 2014On February 20, 2014, the Supreme Court of Canada allowed the motion for leave to appeal the judgment of the Court of Appeal of Québec rendered in the case of Theratechnologies inc. v. 121851 Canada Inc. In this unanimous judgment, the Court of Appeal decided that a judgment authorizing a...
|Privacy: What the World Has to Say About It|
Joanne Lee; Foley & Lardner LLP;
February 21, 2014, previously published on February 18, 2014Let’s face it: technology has made the world smaller. It’s no longer extraordinary for what was once termed a “mid-sized” or “regional” company to trade and outsource in foreign markets. Indeed, the Internet has made it possible—even probable—that the...