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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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Silicon Valley Venture Survey - Second Quarter 2014

Publication

8/11/2014 - We analyzed the terms of 174 venture financings closed in the second quarter of 2014 by companies headquartered in Silicon Valley.

Could Offensive Trademarks Find Refuge in Common Law?

Publication

6/27/2014 - The Trademark Trial and Appeal Board (TTAB) in Blackhorse v. Pro-Football Inc. cancels the controversial REDSKINS mark as disparaging to Native Americans.

Intellectual Property Alert: Supreme Court Rules Against Broadly Claimed Software Patents, But Offers No Clear Test for Abstract Ideas

Publication

6/20/2014 - Supreme Court Rules Against Broadly Claimed Software Patents, But Offers No Clear Test for Abstract Ideas.

Litigation Alert: Supreme Court Redefines the Standard for Indefiniteness in Patent Cases

Publication

6/3/2014 - Supreme Court reversed the Federal Circuit and redefined the standard for indefiniteness under Section 112.

Silicon Valley Venture Survey - First Quarter 2014

Publication

5/16/2014 - We analyzed the terms of 156 venture financings closed in the first quarter of 2014 by companies headquartered in Silicon Valley.

Already on an IPO high, biotech looks for a sequel to the JOBS Act

News

5/2/2014 - Fenwick corporate partner Matthew Rossiter was quoted by the San Francisco Business Times about the impact of the federal Jumpstart Our Business Startups (JOBS) Act on initial public offerings in the biotech industry.

Litigation Alert: Supreme Court Relaxes Standard for Fee Shifting in Patent Cases

Publication

4/30/2014 - In a pair of decisions issued yesterday, the United States Supreme Court unanimously1 lowered the threshold for obtaining attorneys’ fees in patent cases pursuant to 35 U.S.C. § 285.

Fenwick Employment Brief - April 2014

Publication

4/21/2014 - Fenwick Employment Brief - April 2014, Covering the latest developments in employment and labor law.

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.

Intellectual Property Bulletin Winter 2014

Publication

2/24/2014 - Covering Fair Use, Post-Grant Review of Patents, Copyrights, and Trademarks.