California Labor & Employment Law Update Key Changes in 2014 and What’s Slated for 2015 The legislature has given employers reasons to be nervous in 2014 and 2015. In recent sessions, it has created new obligations and pitfalls – from mandatory statewide paid sick leave to increased minimum wage. Compliance-minded employers must keep abreast of […]
In Limelight v. Akamai, the United States Supreme Court reversed the Federal Circuit’s precedent holding that inducing infringement claims did not require a single, direct infringer. This case, and how the district courts implement the Supreme Court’s decision, will have a significant impact on the future of inducing infringement claims, and likely will signal an […]
Kimberly Huangfu wrote a news alert entitled, “California’s Water Anxiety Prompts Landmark Groundwater Legislation,” for Fall 2014.
In equipment leasing (and other secured transactions), the Security Agreement and financing statement (UCC-1) typically include at the end of the description of collateral a reference to the “proceeds” of the collateral securing the lease payments or loan payments. What are proceeds? Under what circumstances is the security interest in the original collateral lost because […]
Over the past decade, the ability to obtain a preliminary injunction in a patent case has become more and more difficult, with rulings from the district courts frequently denying the remedy in all but the most egregious of cases. That trend may be changing as the Federal Circuit recently found that a district court […]
As the ongoing war between Apple and Samsung continues, one of the key questions facing both parties is whether Apple can ultimately obtain permanent injunctive relief against Samsung in addition to a significant damages award. The district court initially answered that question in the negative. On appeal, however, the Federal Circuit reversed. It held […]
Many universities have standard patent assignment agreements that assign inventions of a university employee to the university. But what if the inventor is married? Or, what if the inventor marries during his or her employment and the invention is created during the marriage? Does the spouse have rights to the invention? Parties to patent […]
Can Your DNA Be Patented? The Supreme Court Draws a Delicate Balance By Stan Gibson and Greg Cordrey In Ass’n for Molecular Pathology v. Myriad Genetics, Inc., the United States Supreme Court held that a naturally occurring, isolated segment of DNA is a product of nature and is not patentable.1 In contrast, the Supreme […]
Kimberly Huangfu wrote the news alert “U.S. Supreme Court’s Koontz Decision Seemingly Broadened Landowner Protection in the Realm of Regulatory Takings Law, While Leaving Several Intriguing Questions Unanswered,” in September 2013.
After District Court Invalidates Pharmaceutical Product Patent Based on Clinical Trials, Federal Circuit Reverses Because Clinical Trial Was Not Public Sunovion Pharmaceuticals, Inc. (“Sunovion”) and Dey L.P., Dey, Inc., and Mylan, Inc. (collectively, “Dey”) develop pharmaceutical products to treat lung disease. Sunovion filed a patent application, followed by an application to test its products […]