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Fenwick & West LLP | USA | 26 Oct 2011

Judge sparks orders Patent Office to expedite reexaminations, but has a sudden change of heart

Judge Sam Sparks of the U.S. District Court for the Western District of Texas recently raised eyebrows and questions by ordering the United States Patent and Trademark Office (PTO) to expedite a reexamination of three patents


Fenwick & West LLP | USA | 19 Sep 2011

"Me too" sexual harassment evidence admissible

In a troubling case for employers, a California court of appeal held in Pantoja v. Anton that it was prejudicial error for a trial court to exclude so-called "me too" evidence of sexual harassment of other employees.


Fenwick & West LLP | USA | 12 May 2011

Prior litigation between competitors relevant to establish liability and fashion remedies in false advertising suit

The U.S. Court of Appeals for the Fourth Circuit recently issued a unanimous decision upholding a $13.5 million jury verdict and permanent injunction in a federal false advertising suit involving comparative advertisements targeting a direct competitor.


Fenwick & West LLP | USA | 11 Oct 2010

ADEA defendant compelled to produce broad range of emails and documents as potential "background evidence" of discriminatory purposes

A federal judge in Virginia held last month that a plaintiff in an age discrimination case was entitled to discovery of her former employer's emails, personnel files, performance reviews, and RIF-related documents.


Fenwick & West LLP | USA | 10 Jun 2010

Federal copyright law preempts state law breach of confidence and implied contract claims for unauthorized use of works

On June 3, 2010, the Ninth Circuit Court of Appeals held that federal copyright law preempts common law breach of confidence and implied contract claims in situations where plaintiffs attempt to retain rights to share profits and credit in the underlying works.


Fenwick & West LLP | USA | 13 Jul 2009

Vinole v. Countrywide

The Ninth Circuit’s recent opinion in Vinole v. Countrywide Home Loans, Inc., F.3d , 2009 WL 1926444 (9th Cir. July 7, 2009), established precedent in this Circuit.


Fenwick & West LLP | USA | 11 Mar 2008

Per se rules regarding "me too" evidence rejected

In SprintUnited Mgmt. Co. v. Mendelsohn, the United States Supreme Court held that "me too" evidence of discrimination is neither per se admissible nor per se inadmissible in an age discrimination lawsuit, and trial courts are required to engage in a balancing test to determine whether such evidence should be admitted.


Fenwick & West LLP | USA | 12 Oct 2007

Federal Circuit again addresses jurisdiction over declaratory judgment claims and confirms that a patentee may still escape declaratory claims by dismissing its claims and granting a covenant not to sue

The Federal Circuit recently held that the Supreme Court’s MedImmune decision did not alter a patentee’s ability to avoid declaratory judgment claims by dismissing its claims and issuing a covenant not to sue.


Fenwick & West LLP | USA | 21 Jun 2007

A major victory for defendants in securities class actions: Tellabs, Inc v Makor Issues & Rights, Ltd

On June 21, 2007, the U.S. Supreme Court handed down a decision that provides welcome news to any public company, officer or director facing the prospect of a securities class action lawsuit.


Fenwick & West LLP | USA | 12 Apr 2007

Northern District of California dismisses shareholder derivative stock options backdating case: In re CNET Networks, Inc., Shareholder Derivative Litig.

In a detailed and thoughtful decision and one that is certain to be cited frequently in the months ahead Judge William Alsup has dismissed a shareholder derivative complaint against various officers and directors of CNET Networks, Inc. based on allegations of options “backdating.”

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