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Patent litigation alert: Federal Circuit issues en banc decision in Marine Polymer: no reexamination intervening rights absent textual amendment to claim language

Fenwick & West LLP
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USA
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March 19 2012

Should intervening rights apply to claims that were not textually amended during a reexamination proceeding but were effectively narrowed by the patentee’s arguments?

California appellate court denies "split shift" pay to employees working consecutive overnight shifts

Fenwick & West LLP
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USA
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August 16 2011

In Securitas Security Services USA, Inc. v. Superior Court (Holland), security guards brought an action against their employer alleging a failure to pay split shift pay per Wage Order No. 4, which defines a "split shift" as "a work schedule" that "is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal breaks."

In two recent decisions, California appellate courts refuse to honor employment arbitration agreements

Fenwick & West LLP
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USA
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August 16 2011

Last month the California Courts of Appeal issued two separate decisions denying employers' attempts to compel arbitration agreements on the grounds that such agreements were unenforceable

Plaintiff whose sales territories were reduced upon pregnancy announcement survives summary judgment in retaliation case against employer

Fenwick & West LLP
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USA
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August 16 2011

A recent ruling by the United States District Court for the District of Columbia denied an employer's motion for summary judgment, holding that a former employee's lawsuit under the FMLA should be allowed to proceed to trial

Court finds for EEOC in Abercrombie & Fitch hijab suit

Fenwick & West LLP
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USA
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August 16 2011

A federal district court in Oklahoma recently held that an EEOC employer must make religious accommodations to its dress code, even if doing so could arguably detract from its "corporate image."

NLRB decides non-unionized employees' disparaging statements about employer, made on public television, qualify for protection under NLRA

Fenwick & West LLP
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USA
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August 16 2011

The National Labor Relations Board ("NLRB") ruled last month that an employer's termination of non-unionized employees who had appeared on a television newscast wearing their uniforms while making disparaging statements about the employer violated the National Labor Relations Act ("NLRA"

California District Court issues $5 million verdict in retaliation case

Fenwick & West LLP
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USA
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August 16 2011

A jury trial in the United States District Court for the Central District of California earlier this summer resulted in a $5.4 million verdict against an employer who fired a plant manager after he reported the CEO's sexual harassment of one of his employees

Reining in the inequitable conduct defense: Federal Circuit’s therasense decision tightens standards for establishing materiality and intent

Fenwick & West LLP
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USA
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August 9 2011

Responding to views from the United States Patent and Trademark Office (PTO) and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided en banc U.S. Court of Appeals for the Federal Circuit decision issued on May 25, 2011, which adjusted the materiality standard, making this defense harder to establish

Federal Circuit’s Therasense decision toughens standards for establishing inequitable conduct

Fenwick & West LLP
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USA
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May 26 2011

Responding to views from the United States Patent and Trademark Office ("PTO") and elsewhere about the unintended consequences of the inequitable conduct doctrine in its current form, the Federal Circuit issued a divided en banc ruling yesterday that will make it harder to establish the requisite showings of materiality and intent to prevail on this defense

Washington Appellate Court rejects individual liability of managers in unpaid wages case

Fenwick & West LLP
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USA
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April 8 2011

In Zimmerman v. W8less Products, the company, after offering plaintiff a position of vice president of marketingbusiness development, subsequently rescinded the offer before the parties ever agreed to the specific terms of an employment contract

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