Monthly Archives: September 2018

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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The steps to good governance in the Charities sector

ACTS OF CHARITY

With a growing public intolerance for anything less than full accountability for public money, Shane Costelloe looks at governance in the Irish not-for-profit sector.Read more

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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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Herziene UAV-GC en de afwijkende toestand

UAV-GC worden herzien

De Uniforme Administratieve Voorwaarden (UAV-GC) zijn de voorwaarden die zien op zogenaamde geïntegreerde contracten. De UAV-GC bieden de mogelijkheid om ontwerpverantwoordelijkheid neer te leggen bij de opdrachtnemer in een door de opdrachtgever te bepalen mate.

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ASIC continues to monitor ICOs

In ASIC’s recently released Corporate Plan for 2018-2022, it has once again highlighted its intention to closely monitor ICOs and cryptocurrency in Australia.

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More states respond to South Dakota v. Wayfair

The legal environment of business is continuing to change following the U.S. Supreme Court’s landmark decision in South Dakota v. WayfairAs we have reported, the case fundamentally alters sales and use tax obligations for many online and remote merchants. States are now free to require online and remote sellers to collect sales tax from their customers based solely upon in-state economic activity, even if they do not have a physical presence in the taxing state.

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Employment Law This Week®: Sexual Harassment Training in the #MeToo Era

This Employment Law This Week Deep Dive episode focuses on preventing harassment in the #MeToo era. The #MeToo movement has raised the stakes for all employers. Attorneys Jennifer Gefsky and Ian Carleton Schaefer of Epstein Becker Green discuss what the #MeToo movement has taught us; the active role being taken by state and local governments to regulate the working environment, including requirements that mandate anti-harassment training for employees; and guidance on workplace harassment that was recently issued by the U.S. Equal Employment Opportunity Commission.

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Shutts Strengthens Intellectual Property Law Practice Group in West Palm Beach Office

Shutts & Bowen today announced that it added two new attorneys to its statewide Intellectual Property practice group in West Palm Beach. Steven M. Greenberg joins as a partner and Alexander Schneider joins as an associate.

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Talking Tax – Issue 132

Case law

Whether steps made to inquire about land tax constitutes ‘reasonable care’ in complying with the legal obligation to pay land tax

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