DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
The Dangers of Untimely Filings – What Employers Need to Know
Podcast: Non-binding Guidance: A Discussion of Kisor v. Wilkie
Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
OPTIS CELLULAR TECHNOLOGY, LLC v. APPLE INC. - Before Prost, Reyna, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Patent plaintiffs have a right to a unanimous verdict on each...more
"Wrong-house" raids by law enforcement can cause terror and physical injury, significant property damage, and potentially innocent civilian deaths. Suits for damages almost always follow....more
The Federal Circuit issued its long-awaited en banc opinion in EcoFactor v. Google, which provides further clarity on the admissibility standards for damages experts under Rule 702. This decision reverses the original panel’s...more
On March 24, 2025, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued an opinion affirming a district court’s judgement of infringement while vacating and remanding the district court’s damages...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s finding of infringement but vacated its damages award because the award improperly included auxiliary products lacking any functional relationship to...more
Wash World Inc. v. Belanger Inc., No. 2023-1841 (Fed. Cir. (E.D. Wis.) Mar. 24, 2025). Opinion by Stark, joined by Lourie and Prost. Belanger sued Wash World for infringement of a patent related to a spray type car wash...more
In re: Riggs, Appeal No. 2022-1945 (Fed. Cir. Mar. 24, 2025) Our Case of the Week explores the power of an examiner to request a rehearing after the Board has entered a decision on an application. The case also relates to...more
The United States Supreme Court issued a unanimous decision in Dewberry Group, Inc. v. Dewberry Engineers Inc., vacating a nearly $43 million profits award and remanding the case for further consideration. The Court concluded...more
2024 brought exciting developments at the Federal Circuit. The court issued its first en banc decision in a patent case in five years in LKQ, which significantly altered the standard for proving obviousness of a design...more
Court: Court of Appeal of California, First Appellate District, Division Two - Plaintiff Steven Watts filed a lawsuit in the Superior Court of Alameda County, California naming 36 defendants who were alleged to have...more
Crocs, Inc. v. Double Diamond Distribution, Ltd., Appeal No. 2022-2160 (Fed. Cir. Oct. 3, 2024) In our Case of the Week, the Federal Circuit examined whether a district court erred in dismissing false advertising claims...more
The Southern District of New York vacates nearly $200 million in damages after remand from Second Circuit - On March 13, 2024, in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc., the Federal District...more
SnapRays v. Lighting Defense Group, Appeal No. 2023-1184 (Fed. Cir. May 2, 2024) Our Case of the Week deals with an issue the Court has not addressed recently: the question of declaratory judgment jurisdiction....more
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
Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: After IPR victory, Intel wins appeal on $2.2 billion patent award - Bloomberg...more
Cyntec Company, Ltd. v. Chilisin Electronics Corp., Appeal No. 2022-1873 (Fed. Cir. Oct. 16, 2023) In this week’s Case of the Week, the Federal Circuit reversed and remanded a California district court’s judgment as a...more
The US Court of Appeals for the Ninth Circuit addressed contributory trademark infringement for the first time, finding that specific knowledge is required for liability to attach. Y.Y.G.M. SA, DBA Brandy Melville v....more
The Supreme Court delivered welcome news yesterday to employers seeking to sue and recover economic damages from labor unions, ruling that federal labor law does not prevent them from filing state law claims for intentional...more
On the second round of a copyright dispute, the US Court of Appeals for the Seventh Circuit affirmed in part, reversed in part and remanded (again) to the district court to apply the “independent economic value test” handed...more
In Wakefield v. ViSalus, Inc., the Ninth Circuit considered whether a jury verdict of $925,200,000 for cumulative statutory damages under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) was constitutional in...more
Generally, a case is not removable to federal court “more than one year after commencement of [an] action.” However, a defendant may remove a case to federal court after the one-year deadline if it can demonstrate the...more
In its third opportunity to review the district court’s decision in this trade secret case involving flooring, the US Court of Appeals for the Eleventh Circuit again reversed, this time vacating a permanent injunction and an...more
Siry Investment, L.P. v. Farkhondehpour, No. S262081: The Supreme Court resolved two issues: whether (1) a party in default has standing to file a motion for a new trial alleging legal error in the calculation of damages, and...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
The US Court of Appeals for the Seventh Circuit reversed the district court’s interpretation of an arbitration award, finding that the defendant could not “wait until he dies” to pay a portion of the damages award. Nano Gas...more