Newsletters

07.26.22

Inter Partes Review Estoppel Applies to All Arguments Put Forward Against Challenged Claims

In California Institute of Technology v. Broadcom Limited, the Federal Circuit overruled prior precedent and clarified that inter partes review estoppel applies not just to claims and grounds asserted in the petition and instituted for consideration by the Patent Trial and Appeal Board, but to ...


06.30.22

Plaintiff’s Cellphone Qualifies as Residential Telephone

U.S. District Court Judge J. Paul Oetken in the Southern District of New York held that a Telephone Consumer Protection Act plaintiff sufficiently alleged facts in order to survive a motion to dismiss on his prerecorded call and Do Not Call Registry claims.


06.30.22

AGs Commit to Fight Robocalls With FCC

The National Association of Attorneys General shared a commitment to work collaboratively with the Federal Communication Commission in a new letter signed by 41 attorneys general.


06.28.22

Response to Request for Quote Held Commercial Offer for Sale, and Invention Invalid

In Junker v. Medical Components, Inc., the Federal Circuit held that a catheter insertion design patent was invalid because the claimed design was offered for sale more than a year before the design patent application was filed.


06.17.22

Meal, Rest Break Violations Trigger Additional Penalties in California

Employers that fail to provide premium pay for missed meal and rest periods in California face additional monetary penalties under the state’s Labor Code, according to a unanimous decision from the California Supreme Court.


06.17.22

EEOC, DOJ Release AI Guidance

To avoid running afoul of the Americans with Disabilities Act, the Department of Justice and the Equal Employment Opportunity Commission recently released guidance to help employers using artificial intelligence for employment-related decisions.


06.17.22

Mild, Temporary COVID Symptoms Not a FEHA Disability

A California federal court determined that mild, temporary symptoms of COVID-19 do not qualify as a disability under the Fair Employment and Housing Act, granting summary judgment in favor of an employer.


06.17.22

State Law Trend: Paid Family Leave

Coming soon to a state near you: paid family leave, with Delaware and Maryland joining the growing number of jurisdictions to enact new laws.


06.15.22

Supreme Court Delivers a PAGA Win to Employers

Today, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, regarding California’s ban on Private Attorney General Act representative waivers in employment arbitration agreements.


05.26.22

What You Need to Know About Washington’s and Oklahoma’s New Mini-TCPA Laws

Washington state passed a new mini-TCPA law which will go into effect June 9, 2022, as well as Oklahoma which will go into effect November 1, 2022.