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Proskauer Rose LLP | USA | 12 Dec 2018

Court Sends Networking Patent Inventorship Dispute to Bench Trial

In order to qualify as an inventor on a U.S. patent, a person must contribute to the conception of the invention as embodied in one or more of the…

Sullivan & Cromwell LLP | USA | 6 Dec 2018

CFTC v. Wilson—Court Rules against CFTC in Commodities Manipulation Bench Trial: Court Holds that Open-Market Bids and Offers Made with an Honest Desire to Trade Cannot Support Liability under the Commodity Exchange Act

In a November 30, 2018 decision made public on Monday of this week, Judge Richard Sullivan, formerly of the Southern District of New York (now Second…

Steptoe & Johnson LLP | USA | 19 Nov 2018

Supreme Court Grants Cert in Case Over Census Citizenship Question; Government Asks to Halt SDNY Proceedings

On Friday, the Supreme Court, as expected, granted certiorari in the challenge pending before Judge Furman over the addition of a citizenship question…

Womble Bond Dickinson (US) LLP | USA | 16 Nov 2018

Findings of Fact In a Quasi-Judicial Land Use Proceeding, Question Mark (?)

An interesting “development” - so to speak - took place recently as to a quasi-judicial board’s obligations with regard to special and conditional use…

Baker Sterchi Cowden & Rice LLC | USA | 4 Oct 2018

Plead It or Concede It: Court May Not Raise Affirmative Defense Sua Sponte

The Missouri Court of Appeals for the Western District recently confirmed the long-standing principle that a party's failure to plead even a valid…

Haynes and Boone LLP | USA | 28 Aug 2018

Reliance on Inherently Disclosed Embodiments in Prior Art is Dangerous

Prior art disclosures, and particularly non-patent literature, can be relied on for more than what they explicitly disclose. For example, many prior…

Kilpatrick Townsend & Stockton LLP | USA | 23 May 2018

5 Key Takeaways from a Defense Verdict in a 15-Year MLB Stadium Case

In December 2017, Pennsylvania's intermediate appellate court affirmed a defense verdict for the design/construction manager of a major league…

Wilmer Cutler Pickering Hale and Dorr LLP | USA | 5 Dec 2017

Can Juries Decide Patent Eligibility Under 35 U.S.C. 101?

No provision of the Patent Act has been more frequently litigated over the last several years than 35 U.S.C. 101. After not having decided a 101 case…

Steptoe & Johnson LLP | USA | 24 Oct 2017

In Case Over Spoiled Strawberries, Judge Forrest Offers to Try Case on the Papers

In an opinion yesterday, Judge Forrest denied “dueling” motions for summary judgment in case over the shipment of allegedly spoiled strawberries, yet…

Baker & Hostetler LLP | USA | 7 Sep 2017

Seventh Circuit Affirms Judgment Against Class in Off-Duty BlackBerry Use Case

There certainly has been no shortage of publicity about the potential for wage and hour claims for time spent by hourly employees using smartphones…
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