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Results: 1-10 of 318

Noncompete unenforceable where employee worked less than 2 years
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • July 24 2015

Many companies utilize noncompete agreements to prevent former employees from going to work for a competitor. For a noncompete agreement to be


Wisconsin dairy equipment manufacturer gets milked by court
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • July 23 2015

BouMatic is a Wisconsin dairy equipment manufacturer. Tilstra Dairy Equipment was its dealer in southwestern Ontario. BouMatic was not happy with


Two recent cases provide guidance as to when a patentee can relitigate patent claims
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • July 20 2015

In 1907, the U.S. Supreme Court in Kessler v. Eldred, held that a patentee is not entitled to litigate a patent infringement claim against a customer


U.S. Supreme Court keeps ban on collecting royalties from expired patents
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • June 24 2015

In 1964, the U.S. Supreme Court issued an opinion in the case Brulotte v. Thys. Co.holding that a patentee cannot charge royalties for the use of his


Contract with one-sided termination enforced not a perpetual contract
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • June 22 2015

In an earlier Risk Management Update, we reported on an Illinois case in which the court declined to enforce what it considered to be a perpetual


Federal Circuit upholds the defense of divided infringement
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • May 28 2015

In Akamai Technologies, Inc. v. Limelight Network (Fed. Cir., May 13, 2015), the Federal Circuit affirmed a finding of non-infringement based on the


U.S. Supreme Court unanimously vacates and remands case due to EEOC's lack of conciliation efforts
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • May 26 2015

Before suing an employer for discrimination, the Equal Employment Opportunity Commission ("EEOC") must try to remedy unlawful workplace practices


Business owner loses $30 million through lack of due diligence
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • April 24 2015

William Carlson was a successful businessman. Carlson was the owner of Willis Capital LLC, through which he founded Belvedere Trading LLC in 2002


District court litigation can be precluded by USPTO trademark decisions
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • March 25 2015

In a 7-2 decision, the U.S. Supreme Court held that a party can be precluded from litigating an issue that was previously decided by the United


Advertising is insufficient to establish first use for a service mark application
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • March 4 2015

The Federal Circuit recently affirmed a Cancellation of a service mark that identified its first advertisement of the mark as the date of first use