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6 Feb 2020, 9:14 am by Alan S. Kaplinsky
Court of Appeals for the Seventh Circuit recently ruled in Horia v. [read post]
Section 101 is applied by Examiners at the USPTO in determining whether patents should be issued; by district courts in determining the validity of existing patents; in the Patent Trial and Appeal Board (PTAB) in appeals from Examiner rejections, in post-grant-review (PGR) proceedings, and in covered-business-method-review (CBM) proceedings; and in the Federal Circuit on appeals. [read post]
5 Feb 2020, 8:54 am by Kevin LaCroix
  The Fifth Circuit Court of Appeals affirmed the district court’s holding, rejecting the insurer’s argument that the insureds were not acting within an insured capacity as D&Os and thus no wrongful act was alleged. 2019 U.S. [read post]
4 Feb 2020, 8:44 am by Jonathan Bailey
Let me know via Twitter @plagiarismtoday. 1: Appeals Court Gives Drake a “Fair Use” Win in Sampling Case First off today, Eriq Gardner at The Hollywood Reporter Esquire reports that the Second Circuit Court of Appeals has upheld a lower court ruling granting the musician Drake a fair use victory over a sample he used in a song. [read post]
4 Feb 2020, 5:13 am by MBettman
The Appeal In a split decision authored by Judge Shaw, the Third District Court of Appeals affirmed the trial court’s order. [read post]
4 Feb 2020, 4:00 am by Public Employment Law Press
§1981, the Equal Protection Clause, and the New York City Human Rights Law [“NYCHRL”].In March 2017, the District Court [Schofield, J.] granted summary judgment in favor of NYCHA and the Union, finding that the record contained insufficient evidence of discriminatory animus.The Circuit Court of Appeals, Second Circuit, affirmed this judgment on appeal [See Wynn v. [read post]
3 Feb 2020, 4:58 pm by Kevin LaCroix
  On remand to the district court, the plaintiffs filed a second amended consolidated complaint seeking to establish that their ADR transaction were sufficiently domestic. [read post]
3 Feb 2020, 2:13 pm by Kevin Kaufman
Finally, the United States Supreme Court ruling on the Wayfair case opened new pathways for states to legally tax remote sales. [read post]
In this second part of the series, we look at possible developments in the law of patent eligibility under 35 U.S.C. [read post]
3 Feb 2020, 2:45 am by Jack Sharman
The Second Circuit reversed, finding the district court’s jury instructions erroneous under the new, more narrow definition of “official act” that the Supreme Court set out in McDonnell.[4] The Government tried Silver a second time, and the jury convicted again. [read post]