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Proskauer - The Patent Playbook

Federal Circuit Vacates $300 Million Verdict Against Apple, Orders Third Trial in LTE Patent Dispute

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In a pivotal ruling for patent damages and standard-essential patent (SEP) litigation, the Federal Circuit vacated a $300 million award against Apple in a long-standing dispute with Optis Cellular Technology, LLC. See Optis...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appellate Court Affirms Employer’s Decertification of Meal and Rest Period Class Action

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The California Court of Appeal, First Appellate District, recently affirmed a trial court ruling decertifying a wage-and-hour class action alleging a hospital failed to comply with protections for meal and rest periods for...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Emphasizes Gatekeeper Role of Court in Damages Expert Evidence

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On May 21, in EcoFactor, Inc. v. Google LLC, the Federal Circuit issued an en banc ruling in which the court remanded the case for a new trial on damages. In so doing, the Federal Circuit emphasized the role of the court in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

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On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more

Smart & Biggar

FCA upholds reconsideration decision maintaining $100M+ award against Apotex for cefaclor patent infringement

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Update: On September 28, 2021, Apotex applied to the Supreme Court of Canada for leave to appeal (Docket No. 39851).  On July 23, 2021, the Federal Court of Appeal (FCA) dismissed Apotex’s appeal of the Federal Court’s (FC)...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

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[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Fenwick & West LLP

Eleventh Circuit Affirms Contributory Trademark Infringement Award

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The United States Court of Appeals for the Eleventh Circuit affirmed liability under the “know or has reason to know” standard for contributory trademark infringement in Luxottica Group, S.p.A. v. Airport Mini Mall, a case...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says ‘Hellish' Work Environment Is Not Necessary to Prove Title VII Harassment

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Over the past decade, federal courts have gradually reduced the evidentiary burden necessary for a plaintiff to reach a jury trial on claims involving sexual or racial harassment. The relevant legal standard calls for the...more

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Eleventh Circuit Reinstates Former Manager’s Equal Pay Act and Title VII Sex Discrimination Lawsuit

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In Bowen v. Manheim Remarketing, Inc., No. 16-17237 (February 21, 2018), the Eleventh Circuit Court of Appeals reinstated the Equal Pay Act and Title VII sex discrimination claims of a former manager of a car auction facility...more

Maynard Nexsen

Fourth Circuit Affirms Summary Judgment Based on Lack of Comparator Evidence

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On March 7, 2017, the Fourth Circuit Court of Appeals, which includes North and South Carolina, upheld a trial court’s order granting summary judgment to the District of Columbia in a race discrimination lawsuit brought by a...more

Fisher Phillips

2nd Circuit Reaffirms Limitations On Statistical Evidence In Pay Equity Cases

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As pay equity litigation heats up across the country, the 2nd Circuit Court of Appeals issued a January 26 decision that should help employers in New York, Connecticut, and Vermont combat claims brought under the federal Pay...more

Seyfarth Shaw LLP

“Convincing Mosaic” Busted: Seventh Circuit Shatters Summary Judgment Standard for Discrimination Claims

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Seyfarth Synopsis: In a recent decision, the Seventh Circuit clarifies that plaintiffs need not present a “convincing mosaic” of direct or indirect evidence of discrimination to withstand summary judgment. Rather, the...more

Proskauer - Law and the Workplace

Second Circuit Allows After-Acquired Evidence to Support Termination Decision

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On October 9, 2014, the United States Court of Appeals for the Second Circuit, in a summary order, affirmed a district court’s admission of evidence at trial of a former employee’s misconduct, discovered after the employee’s...more

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