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Over 40 Need Not Apply? Your Age-Neutral Recruiting Practices May Violate the ADEA
  • Hogan Lovells
  • USA
  • May 15 2018

Everyone knows that employers covered by the Age Discrimination in Employment Act (ADEA) cannot intentionally refuse to hire job applicants because

California Employment Law Notes
  • Proskauer Rose LLP
  • USA
  • May 13 2018

Two delivery drivers for Dynamex filed this putative class action on behalf of similarly situated drivers, alleging that they were misclassified as

PTAB Proposes to Adopt the Phillips Standard for Claim Construction in Post-Grant Proceedings
  • Perkins Coie LLP
  • USA
  • May 9 2018

On May 8, 2018, the United States Patent and Trademark Office (USPTO) announced a proposed rulemaking to change the current claim construction

USPTO Proposes Claim Construction Rule Change from BRI to Phillips in AIA Review Proceedings
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • May 9 2018

The U.S. Patent and Trademark Office announced a propose change to the standard for construing both unexpired and amended patent claims in Patent

Proposed Rule: No More BRI in PTAB Trials
  • Jones Day
  • USA
  • May 8 2018

Today, the USPTO issued a press release announcing a Notice of Proposed Rulemaking for Claim Construction Standards used in PTAB Proceedings. The

US: PTAB - What’s in store for the rest of the year?
  • Hogan Lovells
  • USA
  • May 7 2018

In this post we examine how Section 101, IPRs and sovereign immunity defences are set to shape the board’s procedures and strategies over the coming

Motion to Amend Substituting Claims Granted in Full, Possibly Reflecting the Change Wrought By Aqua Products
  • Marshall Gerstein & Borun LLP
  • USA
  • May 2 2018

The Board recently granted a motion to amend, to replace unpatentable claims with proposed substitute claims, a rare occurrence that may signal a

Employers Cannot Consider Prior Salary History to Justify Wage Gap under the Federal Equal Pay Act
  • Jackson Lewis PC
  • USA
  • April 20 2018

On April 9, 2018, the Ninth Circuit Court of Appeals issued its opinion in Rizo v. Yovino, holding that employers cannot consider an employee’s prior

Reliance on Salary History No Defense to Pay Disparity Under Equal Pay Act
  • Drinker Biddle & Reath LLP
  • USA
  • April 11 2018

Just in time for Equal Pay Day (April 10), in its en banc opinion in Rizo v. Yovino, Fresno County Superintendent of Schools, the Ninth Circuit held

For Substitute Claims, “Possession is the Ninth-Tenths of the Law”
  • Jones Day
  • USA
  • April 5 2018

On March 20, 2018, the PTAB issued a Final Written Decision in Kapsch TrafficCom IVHS Inc. v. Neology, Inc., Case IPR2016-01763, Paper 60 (PTAB Mar