Monthly Archives: September 2018

ILN Today Post

Federal Court Clarifies the Scope of Drawings in a Design Patent

Design patent filings have increased dramatically in recent years, as companies gain appreciation for the ability of these patents to prevent counterfeits and grey market imports. With the higher volume of patent filings comes a higher volume of legal disputes. In one such dispute, the Federal Circuit held that a design patent application that uses two-dimensional drawings to describe a three-dimensional product may be acceptable under patent law.

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ILN Today Post

Twenty-One Attorneys Named to 2018 New York Super Lawyers and Rising Stars Lists

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Restart Your Business Development Efforts

 

 

 

 

 

 

 

We’re already almost mid-way through September (can you believe it?) and this time of year can feel like a new beginning! Though January is typically the time for resolutions, September can also feel like a refresh as kids go back to school, and we jump back into the grind after our own summer holidays and a quieter period with our clients away for their holidays.

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McDonald Hopkins welcomes Sarah Mancuso as a litigator in the Cleveland office

Sarah Mancuso has joined the Cleveland Office of McDonald Hopkins as an associate in the firm’s Litigation Department. Prior to joining the McDonald Hopkins, she spent nearly three years at Reminger Co., LPA in Cleveland.

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We are excited to welcome Stephen J. Rosenfeld to our Chicago office

Stephen J. Rosenfeld, a prominent litigator with more than a quarter-century of experience, has joined the Chicago office of McDonald Hopkins LLC as a member. He comes to McDonald Hopkins after serving as the managing partner of Mandell Menkes in Chicago.

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Crowdfunding legislation for proprietary companies passes

The long anticipated extension of the crowd-sourced funding (CSF) regime is finally set to become a reality with the Corporations Amendment (Crowd-sourced Funding for Proprietary Companies) Bill 2017 having passed the Senate on 12 September 2018. Our previous thinking on this topic can be found here. We will be releasing part two of this article soon.

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R U OK? See the signs every day and change a life

As a director of R U OK?, I’m passionate about creating a world where we’re all meaningfully connected, so that everyone has someone to turn to when things aren’t going so well.

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Blocking Patents can moot objective indicia of non-obviousness

 

In a recent precedential decision, a split Federal Circuit (Judges Dyk and Taranto in the majority, Judge Newman, dissenting) issued a lengthy, 53-page decision, regarding the obviousness doctrine.  Judge Taranto, writing for the majority, engaged in a fact-intensive analysis to determine that a ‘blocking patent’ mooted evidence of objective indicia of non-obviousness and found the patents-in-suit invalid on obviousness grounds.

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Are fees recoverable automatically when you make a “good” offer of judgment?

Nope.  The party seeking fees pursuant to a rejected Rule 68 Offer of Judgment still has the burden of showing a proper offer was made, was served, and was not accepted.

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Massachusetts Passes New Law Governing Non-Competition Agreements

On August 10, 2018, the Governor of Massachusetts signed “An Act relative to the judicial enforcement of noncompetition agreements,” otherwise known as the Massachusetts Noncompetition Agreement Act (“Act”), § 24L of Chapter 149 of the Massachusetts General Laws.[1]The Act limits the ability of Massachusetts employers to enter into non-competition agreements and applies to all non-competition agreements entered into on or after October 1, 2018.

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