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Vacated Summary Judgment Appeals

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

McDermott Will & Emery

Unclean Hands Aren’t Just for Toddlers

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In an action involving manufacturers of a self-sealing dining mat for toddlers, the US Court of Appeals for the Federal Circuit affirmed a district court’s finding that the defendants were barred from obtaining relief on...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024

Harris Brumfield v. IBG LLC, Appeal No. 2022-1630 (Fed. Cir. Mar. 27, 2024) In our case of the week, the Federal Circuit addressed three issues in a dispute that dates back to 2010, and has been to the Court on three...more

Ladas & Parry LLP

New York Court Sides with PepsiCo on Remand in Ongoing Rise Brewing Dispute

Ladas & Parry LLP on

In Riseandshine Corporation v PepsiCo Inc (SDNY-1-21-cv-06324), plaintiff Riseandshine Corporation, doing business as Rise Brewing, brought three federal and two state claims relating to trademark infringement and unfair...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2023 #2

Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., Appeal Nos. 2021-2299, -2338 (Fed. Cir. Sept. 15, 2023) - In a decade-old case that has raised a number of issues relating to design patents...more

McDermott Will & Emery

Off the Charts: Derivative Work Copyright Registers All Material in Derivative Work

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In a matter of first impression, the US Court of Appeals for the Ninth Circuit reversed the district court’s partial grant of summary judgment in favor of the defendants, vacated a jury verdict and an award of attorneys’...more

King & Spalding

Federal Court Vacates Air Ambulance Portion of No Surprises Act Dispute Resolution

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On July 26, 2022, LifeNet was granted summary judgment in its challenge to portions of the second set of implementing regulations for the Independent Dispute Resolution (IDR) process for air ambulance providers under the No...more

McDermott Will & Emery

Claim Construction and Jurisdictional Discovery Are More Than Skin Deep

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Referencing the use of antecedents from a “wherein” clause, the US Court of Appeals for the Federal Circuit reversed a district court’s claim construction and vacated its summary judgment ruling of indefiniteness that relied...more

Steptoe & Johnson PLLC

Fourth Circuit Sets Forth the Requirements for the ‘Loss of Chance’ Provision of West Virginia’s Medical Professional Liability...

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The United States Court of Appeals for the Fourth Circuit recently interpreted the “loss of chance” provision of West Virginia’s Medical Professional Liability Act (the MPLA). In Graham v. Dhar, the Court ruled that a...more

McDermott Will & Emery

First Sale Defense Bars Trademark Infringement Where Trademarked Component Is Adequately Disclosed

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A US Court of Appeals for the Ninth Circuit panel vacated a grant of summary judgment in favor of the plaintiff, holding that the first sale doctrine applies when a trademarked product is incorporated into a new product....more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upholds ACA Risk Adjustment Program

Various smaller health insurance issuers have challenged the risk-adjustment program under the Patient Protection and Affordable Care Act (ACA), alleging, among other things, that its underlying methodology favors larger...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2021 #3

Mobility Workx, LLC v. Unified Patents, LLC, Appeal No. 2020-1441 (Fed. Cir. Oct. 13, 2021) - In this week’s Case of the Week, a panel of the Court of Appeals for the Federal Circuit considered, and rejected, new...more

Goodwin

ERISA Litigation Update - October 2021

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Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more

McDermott Will & Emery

A Tale of Two Authors: Determining Ownership Rights of Novels Adapted for Theatre

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The US Court of Appeals for the First Circuit vacated the district court’s opinion and order that Roberto Ramos Perea, the playwright who adapted the novels of prominent Puerto Rican author Enrique Laguerre for theatre, was...more

Snell & Wilmer

Arizona Court of Appeals Holds State and Local Property Taxes Assessed Against Permanent Improvements Located on Leased Trust Land...

Snell & Wilmer on

In a decision that impacts entities and individuals doing business in Indian Country, the Arizona Court of Appeals sided with the Taxpayer in its challenge to the state and county’s power to tax property on tribal land in the...more

McDermott Will & Emery

Define Frustration: Appealing from Decision in Suit Against Co-Owner’s Wholly Owned Subsidiary with Major Issues Still Undecided

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The US Court of Appeals for the Federal Circuit vacated a grant of summary judgment of non-infringement and remanded for resolution of numerous factual issues in a case addressing “extremely frustrating” issues involving the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2020 #3

PATENT CASE OF THE WEEK - Baxalta Inc. v. Genentech, Inc., Appeal No. 2019-1527 (Fed. Cir. Aug. 27, 2020) - In this week’s Case of the Week, an appeal from the United States District Court for the District of Delaware,...more

McDermott Will & Emery

Diamonds to Dust? Too Many Factual Disputes Precludes Summary Judgment

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The US Court of Appeals for the Second Circuit vacated a district court’s summary judgment grant in favor of a fine jewelry producer for trademark infringement, counterfeiting and unfair competition because factual disputes...more

McDonnell Boehnen Hulbert & Berghoff LLP

American Axle & Mfg. v. Neapco Holdings LLC (Fed. Cir. 2019)

Federal Circuit (Again) Hands Down Revised Opinion in Response to Petition for Rehearing - Recently the Federal Circuit has begun a practice of withdrawing an original opinion and handing down a substitute opinion in...more

McDermott Will & Emery

Fifth Circuit Drills Down to Details in Drilling Database Disagreement

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In a wide ranging opinion, the US Court of Appeals for the Fifth Circuit held that copying unimportant database schema from a proprietary database did not constitute infringement. The Court also held that where the...more

McDermott Will & Emery

No Bones About It: McRO II Holds Patent Not Invalid and Not Infringed

The US Court of Appeals for the Federal Circuit vacated a summary judgment finding an asserted patent invalid for lack of enablement while affirming the holding of non-infringement. McRO, Inc. v. Bandai Namco Games America...more

McDermott Will & Emery

Prayer for Declaratory Relief Invokes Copyright Act and Available Attorneys’ Fees

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Vacating the district court’s order denying a defendant’s recovery of attorneys’ fees under the Copyright Act, the US Court of Appeals for the Ninth Circuit held that, even when asserted as a claim for declaratory relief, any...more

McDonnell Boehnen Hulbert & Berghoff LLP

Serta Simmons Bedding, LLC v. Casper Sleep Inc. (Fed. Cir. 2020)

Last month, in Serta Simmons Bedding, LLC v. Casper Sleep Inc., the Federal Circuit vacated a decision by the U.S. District Court for the Southern District of New York granting summary judgment of non-infringement to...more

Foley & Lardner LLP

AseraCare FCA Ruling Is A Boon For Health Providers

Foley & Lardner LLP on

All hospice providers routinely should assess risk exposure under the False Claims Act — now with the benefit of the U.S. Court of Appeals for the Eleventh Circuit’s long-awaited decision in United States v. AseraCare Inc. ...more

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