03.11.24
In Minerva Surgical, Inc. v. Hologic, Inc.,1 the Federal Circuit held that an invention ready for patenting is in public use if it is shown to or used by an individual other than the inventor with no obligation of confidentiality.
02.29.24
In an appeal presenting recurring issues facing district courts in managing whether and how prospective parties are brought into wage and hour lawsuits under the collective action procedures of the Fair Labor Standards Act (FLSA), the Ninth U.S. Circuit Court of Appeals affirmed an order imposing a ...
Reversing a jury verdict in favor of an employer, a California appellate panel found the trial court erred by allowing the introduction of complaints made by coworkers against the plaintiff.
Do trial courts have the inherent authority to dismiss a claim under the Private Attorneys General Act (PAGA) on the grounds of manageability?
The Ninth U.S. Circuit Court of Appeals applied the California Supreme Court’s interpretation of the U.S. Supreme Court’s decision on the intersection of the Private Attorneys General Act (PAGA) claims and arbitration in Viking River Cruises, Inc. v. Moriana.
02.28.24
On March 11, 2024, the Department of Labor’s (DOL) new rule on the standard for determining who is an employee and who is an independent contractor under the Fair Labor Standards Act (FLSA) is set to take effect.
02.27.24
In Nested Bean, Inc. v. Big Beings USA Pty Ltd.,1 the director of the 'U.S. Patent and Trademark Office (Patent Office) (Director) granted review and modified the Patent Trial and Appeal Board’s (Board) final written decision (Final Written Decision) to require the Board to consider ...
02.13.24
In Xerox Corp. v. Bytemark, Inc., the Director of the U.S. Patent and Trademark Office made precedential a prior decision of the Patent Trial and Appeal Board (the Board) over when an expert declaration from an inter partes review (IPR) should be afforded little weight.
02.06.24
On January 26, 2024, the United States Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued new guidance making clear that common collaboration tools and ephemeral messaging applications must be preserved in the same manner as traditional forms ...
01.19.24
On the second to last business day of last year, the U.S. Court of Appeals for the Eighth Circuit addressed when a private organization can invoke the federal officer removal statute, 28 U.S.C. § 1442.