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Results: 1-10 of 138

Five, six, or seven opinions in Alice Corp.: little agreement on 101

  • Briggs and Morgan
  • -
  • USA
  • -
  • May 20 2013

Circuit judges continue to differ regarding the test for patent subject-matter eligibility under 35 U.S.C. 101. The en banc decision in CLS

Two recent U.S. cases on lost profits

  • Briggs and Morgan
  • -
  • USA
  • -
  • May 9 2013

The remedy of lost profits has always seemed to me to be, conceptually, the simplest of the various damages remedies. You calculate how many

Preclusive effect of TTAB decisions: always, sometimes, or never?

  • Briggs and Morgan
  • -
  • USA
  • -
  • May 9 2013

Last week a divided Eighth Circuit panel affirmed a district court's conclusion that a TTAB decision would not be given preclusive effect in B&B

Remedies for the infringement of standard essential patents subject to a FRAND commitment

  • Briggs and Morgan
  • -
  • USA
  • -
  • May 8 2013

Following up my posts on Judge Robart's opinion in Microsoft v. Motorola and on the European Commission's issuance of a Statement of Objections to

Some initial reactions to Judge Robart’s opinion in Microsoft v. Motorola

  • Briggs and Morgan
  • -
  • USA
  • -
  • May 3 2013

Late last week Judge James Robart issued his long-awaiting findings and fact and conclusions of law on the issue of RAND royalties in Microsoft Corp

How to handle FMLA leave abuse

  • Briggs and Morgan
  • -
  • USA
  • -
  • May 1 2013

At our recent Safeguarding Employers in 2013 seminar, we provided employers advice regarding how to address fraudulent use of leave under the Family

Supreme Court upholds dismissal of FLSA collection action claim

  • Briggs and Morgan
  • -
  • USA
  • -
  • April 24 2013

Court dockets continue to remain full with lawsuits alleging violations of the Fair Labor Standards Act (FLSA) minimum wage or overtime provisions

Is court or DOL approval required for settlements of claims under the FLSA?

  • Briggs and Morgan
  • -
  • USA
  • -
  • April 22 2013

Maybe not - two recent cases cast doubt on the longstanding assumption that settlements under the Fair Labor Standards Act (FLSA) require approval by

“Hey, I was just trying to be a nice guy!” Don’t be inconsistent when discussing an employee termination

  • Briggs and Morgan
  • -
  • USA
  • -
  • April 17 2013

A case out of the Eleventh Federal Circuit provides a cautionary tale for any employer who is trying to cut a terminated former employee a break in

Baseball bats, chocolate chip cookies, and warp drives: the Supreme Court hears oral argument in Myriad Genetics

  • Briggs and Morgan
  • -
  • USA
  • -
  • April 16 2013

On Monday, April 15, 2013, the United States Supreme Court heard oral argument in Association of Molecular Pathology vs. Myriad Genetics. As has been