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Weekly Employment Brief - December 16, 2003

Publication

12/16/2003 - California Court Permits Company to Fire Supervisor for Dating Subordinate/Policy Against Rehiring Violators of Workplace Rules Can Be Legitimate Reason to Refuse to Rehire Former Employee Who Resigned After Positive Drug Test

Litigation Alert: Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. (Festo XIII) - Prosecution History Estoppel and the Foreseeability of Equivalents

Publication

7/5/2007 - Federal Circuit issued the latest in a line of decisions addressing the scope of prosecution history estoppel and its limits on the doctrine of equivalents, this time addressing whether an equivalent is foreseeable and thus subject to surrender.

Litigation Alert: Ninth Circuit Assesses Use of Player Likenesses in Video Games

Publication

8/6/2013 - On Wednesday, July 31, 2013, the Ninth Circuit issued two opinions assessing the parameters of use of individual player likenesses in video games in two highly watched cases: Brown v. Electronic Arts, Inc., and In Re NCAA Student-Athlete Name & Likeness

Litigation Alert: Supreme Court’s Lexmark Decision Creates Uniform Federal False Advertising Standing Requirement

Publication

3/27/2014 - Supreme Court’s Lexmark Decision Creates Uniform Federal False Advertising Standing Requirement, Widening the Door for Claims in the Ninth Circuit; It Also Suggests a New Approach to Determining Standing Requirements Under Other Federal Statutes.

Fenwick Employment Brief - April 14, 2005

Publication

4/14/2005 - U.S. Supreme Court Allows Disparate Impact Theory in Age Discrimination Cases/Employers May Not Require Medical Examination Before Making 'Real' Job Offer

Litigation Alert: KSR International Co. v. Teleflex Inc.—Ordinary Innovation is Obvious

Publication

5/1/2007 - On April 30, the Supreme Court in KSR International v. Teleflex, announced that 'the results of ordinary innovation are not the subject of exclusive rights under the patent laws.

Fenwick Employment Brief - May 12, 2010

Publication

5/12/2010 - Fenwick attorneys discuss Dukes v. Wal-Mart Stores and other employment law news

Publicity rights vs. the First Amendment

Publication

2/19/2014 - Publicity Rights vs First Amendment Rights in advertsising referring to actual people living or dead.

Litigation Alert: Supreme Court Clarifies Copyright Eligibility for Useful Articles

Publication

3/23/2017 - While much of the legal press may be speculating about the future of the Supreme Court’s Chevron test, yesterday the Court considered a very different kind of “chevron”—a design on a cheerleader uniform. In Star Athletica LLC v. Varsity Brands Inc., the S

Employee Benefits Alert: Another 401(k) Headache: Covering Leased Employees

Publication

8/27/2009 - In a recent employee benefits alert, we looked at temporary and part-time employees, and the circumstances under which an employer must cover them under its 401(k) plan.

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Intellectual Property Bulletin - Spring 2016

Publication

5/18/2016 - Fenwick & West Intellectual Property Bulletin. Covering current legal issues in patent, copyright and intellectual property law.

Litigation Alert: 8th Circuit Clarifies Reach of Copyright Act in Preempting Right of Publicity Claims

Publication

3/2/2016 - 8th Circuit affirms summary judgment in favor of NFL on former NFL players’ right of publicity claim, finding the claim to be preempted by the Copyright Act.

Litigation Alert: Hurt Locker Decision Clarifies Differences in First Amendment Interests and Personal Interests Protected by the Right of Publicity

Publication

2/23/2016 - Litigation Alert: Sarver v. Chartier - 9th Circuit affirms filmmakers’ use of an individual’s story in the film The Hurt Locker is protected by the First Amendment and does not violate alleged subject’s right of publicity.

Intellectual Property Bulletin Fall 2015

Publication

12/22/2015 - Fenwick & West Intellectual Property Bulletin. Covering current legal issues in patent, copyright and intellectual property law.

Fenwick Employment Brief - December 2015

Publication

12/21/2015 - Fenwick articles on latest employment legislation.

Litigation Alert: Federal Circuit’s Ariosa Decision, Good Chance for Rehearing En Banc

Publication

11/4/2015 - the Supreme Court’s Mayo decision involving patent invalidation under Section 101 of the Patent Act, Ariosa is unusual in that the asserted patent covered what most experts in the medical field consider to be a groundbreaking discovery; the very type of d

Fenwick Employment Brief - September 2015

Publication

9/23/2015 - Fenwick Employment Brief - September 2015

Fenwick Employment Brief - July 2015

Publication

7/27/2015 - Fenwick Employment Brief - July 2015. Covering current issues in employment and labor law.

Intellectual Property Bulletin Spring 2015

Publication

6/18/2015 - Fenwick & West Intellectual Property Bulletin. Covering current legal issues in patent, copyright and intellectual property law.

Litigation Alert: A Good-Faith Belief of Patent Invalidity Is Not a Defense to Inducement of Infringement

Publication

6/5/2015 - Six justices of the Supreme Court agreed that an accused indirect infringer’s good faith belief in invalidity of a patent “will not negate the scienter required under §271(b).” Commil USA, LLC v. Cisco Sys., Inc., No. 13-896, Slip Op. at 13 (Kenned