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Food and Beverage Law Update: August 2017
  • Holland & Knight LLP
  • USA
  • August 10 2017

In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent

PTAB Designates New Precedent for AIA Trials
  • Oblon
  • USA
  • August 2 2017

Assignor Estoppel Not an Exception to 311(a) The Patent Trial & Appeal Board (PTAB) has designated the following decision as precedential: Athena

Two US Federal Agencies disagree as to whether Title VII as a matter of law, reaches sexual orientation discrimination
  • Squire Patton Boggs
  • USA
  • July 28 2017

This past May, 2017, The US Court of Appeals for the Second Circuit granted en banc (meaning all the judges on the Second Circuit will hear the case

En Banc Eighth Circuit Reverses National Labor Relations Board’s “Sick Day” Jimmy John’s Decision
  • McGuireWoods LLP
  • USA
  • July 13 2017

On July 3, 2017, the U.S. Court of Appeals for the Eighth Circuit, sitting en banc, rejected the reasoning of an ALJ, the NLRB, and a panel of the

Full Eighth Circuit upholds employee terminations in Jimmy John’s paid sick leave dispute
  • Porter Wright Morris & Arthur LLP
  • USA
  • July 11 2017

In an en banc decision, the 8th U.S. Circuit Court of Appeals has overturned an earlier panel decision, which we reported on here, in MikLin

Federal Court Overturns NLRB, Says Jimmy John’s Employees’ Disloyal Conduct Not Protected
  • Squire Patton Boggs
  • USA
  • July 9 2017

In a closely-watched case, on July 3, 2017, the U.S. Court of Appeals for the Eighth Circuit refused to enforce a National Labor Relations Board

7th Circuit Holds That Title VII’s Prohibition on Sex Discrimination Includes A Prohibition on Sexual Orientation Discrimination
  • Spencer Fane LLP
  • USA
  • June 30 2017

On April 4, 2017, the en banc Seventh Circuit Court of Appeals overruled its own precedent and became the first Circuit to hold that discrimination on

Second Circuit Denies Latest Request for En Banc Review in Title VII Sexual Orientation Discrimination Case
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 29 2017

The Second Circuit has denied a Plaintiff’s request to rehear argument en banc (that is, before all of the court’s judges) in a case alleging that

No En Banc Resolution on Whether Patent Right Is Public Right
  • McDermott Will & Emery
  • USA
  • June 26 2017

In a 10-2 decision that included two concurrences and two dissents, the US Court of Appeals for the Federal Circuit denied a patent owner's petition

PTAB Grants Motion to Amend Claims in an IPR in Valeo v. Schaeffler
  • Haug Partners LLP
  • USA
  • June 23 2017

During an inter partes review (“IPR”) before the Patent Trial and Appeal Board (“PTAB” or “Board”), a patent owner may file a motion to amend the