• 12.06.22

    Patent Owner Warning: Statements/Amendments During Examination Will Be Scrutinized During Litigation

    In Genuine Enabling Technology LLC v. Nintendo Co., Ltd.,the Federal Circuit held that statements made during prosecution—to distinguish the prior art on the ground that it taught slow-varying signals whereas the invention utilized audio or higher-frequency signals—only clearly ...

  • 11.21.22

    New York Court Certifies Two Classes in TCPA Class Action

    Certifying two classes in a Telephone Consumer Protection Act class action, a New York federal court found that questions of individualized consent did not predominate and that the plaintiffs did not need to demonstrate that they personally registered their numbers on the National Do Not Call ...

  • 11.21.22

    Wrong Number Suit Moves Forward in California

    A Telephone Consumer Protection Act defendant couldn’t hang its hat on the argument that it accidentally texted the wrong number, a California federal court recently held.

  • 11.21.22

    Oklahoma’s Mini-TCPA Takes Effect

    The potential for liability for callers has increased yet again, with Oklahoma’s Telephone Solicitation Act  taking effect as of November 1.

  • 11.16.22

    Ninth Circuit Rejects Another AB 5 Challenge

    The U.S. Court of Appeals for the Ninth Circuit has again upheld California’s Assembly Bill 5, the 2019 law that adopted the ABC test to determine whether a worker is an employee or independent contractor, in a First Amendment challenge.

  • 11.16.22

    California Court Reverses Dismissal of EPA Claim

    A California appellate panel reversed dismissal of a female employee’s Equal Pay Act claim, finding her evidence that a single male comparator was paid more than she was to be sufficient to survive summary judgment.

  • 11.16.22

    Rounding Policy Falls Flat in California

    An employer’s quarter-hour rounding policy did not comply with California law because the company could and did track the exact time in minutes that employees worked each shift—but did not pay them for it, according to a California appellate panel.

  • 11.16.22

    Federal Lawmakers Consider Ban on Noncompetes

    Continuing a crackdown on noncompetes at the federal level, a new bill introduced in the House of Representatives would ban noncompete agreements nationwide for nonexempt employees under the Fair Labor Standards Act.

  • 11.15.22

    Inventor’s Own Provisional Application Invalidated Invention When Priority Denied

    In Konda v. Flex Logix Technologies, Inc., the Federal Circuit held that a provisional application incorporated by reference in a Patent Cooperation Treaty application was prior art against the later filed claims of the U.S. patent application when the provisional application failed to provide ...

  • 10.28.22

    Contract Terms Protect Seller From Marketer’s TCPA Violations

    A contract prohibiting Telephone Consumer Protection Act violations protected a seller when its marketer allegedly ran afoul of the statute, according to a decision from a Tennessee federal district court.



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