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Bradley Arant Boult Cummings LLP

A Super Touchy Reversal by the Federal Circuit Gives Taction Another Bite at Apple

Bradley Arant Boult Cummings LLP on

In a significant blow to Apple, the Federal Circuit recently vacated a summary judgment of noninfringement in the case of Taction Technology, Inc. v. Apple Inc. The dispute centers on Taction’s U.S. Patent Nos. 10,659,885 and...more

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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 & Schulte

I Know That Brand . . . Or Do I? Reviewing the Eleventh Circuit’s Likelihood of Confusion Analysis

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The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s summary judgment ruling finding no likelihood that consumers might be confused as to any relationship between competitors operating in...more

McDermott Will & Schulte

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

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Answers and Amounts in Controversy

Morrison & Foerster LLP - Left Coast Appeals on

This week, we take a look at two decisions tackling novel procedural issues.  In the first, the Court strictly applied the amount-in-controversy requirement of the Class Action Fairness Act, faulting a defendant for not...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Finds Obesity a Protected Disability Under State Law

Parker Poe Adams & Bernstein LLP on

In recent years, a number of federal courts have drawn differing conclusions with regard to whether obesity is a protected disability under the Americans with Disabilities Act. While some courts have reached this conclusion,...more

Seyfarth Shaw LLP

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

Mintz - Employment, Labor & Benefits...

Federal Court Says Employer Can Be Liable for Acts of Anonymous Harasser

Mintz - Employment, Labor & Benefits... on

As a major national company learned recently, employers cannot shirk their obligations to investigate employee complaints of a hostile work environment simply because the identity of the harasser is unknown. Failure to...more

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