In a significant recent decision, the US Court of Appeals for the Federal Circuit addressed a question of first impression regarding the realm of prior art relevant to design patent infringement analysis. The court concluded that to be considered suitable as comparison prior art, an existing design must be applied to the article of manufacture…
The US Court of Appeals for the Ninth Circuit recently overturned a district court’s decision, dismissing trademark declaratory judgment claims. They ruled that pre-enforcement commercialization activities could, in fact, serve as a basis for establishing personal jurisdiction. This decision came in the case of Impossible Foods Inc. v. Impossible X LLC, case number 21-16977. Judges…
The U.S. Department of Homeland Security (DHS) instated new policies on September 14, 2023, concerning its usage and acquisition of artificial intelligence (AI) technologies, incorporating innovations in facial recognition and face capture technologies. A landmark move by the DHS, this decision could have far-reaching implications for both the legal and technological sectors. Simultaneously, the DHS…
On January 30, 2023, the Centers for Medicare & Medicaid Services (“CMS”) issued the final rule on risk adjustment data validation (“RADV”) audits of Medicare Advantage (“MA”) organizations. The new ruling provides significant changes, including permitting CMS to scrutinize a sample of an MA organization’s (“MAO”) diagnoses presented for risk adjustment purposes (from 2018 onwards),…
The U.S. Securities and Exchange Commission (SEC) has formalized its long-awaited regulations concerning cybersecurity disclosures for public companies. According to a recent article on JD Supra by Sheppard Mullin Richter & Hampton LLP, the newly published rules which came into effect this month mandate the divulgement of specific cybersecurity incidents in a much quicker timeframe…
The US Patent and Trademark Office (PTO) published a freshly updated Oral Hearing Guide on August 31, 2023, with the aim of assisting parties through oral arguments before the Patent Trial and Appeal Board. This latest publication is a revision of the 2019 Oral Hearing Guide, which was published on August 30, 2019. Designed to…
In a recent development, a California judge has put a temporary injunction delaying the implementation of the California Age-Appropriate Design Code Act. The injunction came upon request from NetChoice, a prominent trade association. The news was first shared by Sheppard Mullin Richter & Hampton LLP on JD Supra. Details concerning the nature of the injunction…
As reported on JD Supra, the U.S. government is potentially on the precipice of a shutdown that would begin on October 1, 2023, commencing the 2024 fiscal year. This looming possibility comes in the wake of reports of divergent bills presented for consideration in the House and Senate. If enacted, this shutdown would have a…
As legal practitioners well know, the realm of government funding and the ensuing effects of a shutdown are no strangers to the world of legal complexity. Come September 30, government contractors and federal fund recipients may find themselves in a familiar situation. The government shutdown clock is set to strike “zero hour” on that date,…
As retirement plans stand to change significantly in the coming years, those in the legal profession must be prepared to adapt to these alterations. Most notably, provisions in the SECURE 2.0 Act, passed in 2022, will begin to take effect over the next few years. Today, we will turn our attention to the changes set…
In a recent development within American legal jurisprudence, a significant case pertaining to copyright law has caught noteworthy attention from across the industry. The case involves the American Society for Testing and Materials (ASTM) and has seen involvement from an array of ‘amicus curiae’, commonly known as ‘friends of the court’. The US Court of…
In a significant shift, the US Court of Appeals for the Ninth Circuit has ruled that the Contract Disputes Act (CDA) implicitly prohibits federal contractors from advancing most trade secret misappropriation allegations against federal agencies in district court. The details of this judgement are available on JD Supra. The CDA stipulates that contractors must forward…
In a recent legal development, an attorney suspended for misrepresentation of his status as an Illinois lawyer was precluded from contesting that penalty in a federal lawsuit. According to a report by Law360, the Seventh Circuit, on Thursday, endorsed this decision against the attorney. The attorney, whose name has not been disclosed, now faces the…
In a recent trademark infringement conflict, food delivery giant, Grubhub, savored victory. The US Court of Appeals for the Seventh Circuit asserted that the district court did not err in denying a preliminary injunction motion, in accordance with a report by JD Supra. The order came in the case where Grubhub Inc. was pitted against…
In a significant development at the Patent Trial and Appeal Board (PTAB), Apple has succeeded in getting claims of two biometric security patents invalidated. These patents were central to an infringement lawsuit, concerning Apple’s Touch ID and Face ID features. The infringement suit was originally filed in Texas but was moved to California following an…
AGG’s Restructuring Roundup newsletter for September 2023 provides a comprehensive digest of key updates on legal matters impacting commercial litigation and bankruptcy. This monthly compilation features both published articles and news, along with original input from AGG’s acclaimed team of Bankruptcy, Creditors’ Rights, & Financial Restructuring attorneys (Arnall Golden Gregory LLP). The newsletter presents a…
In a recent judgement, the Federal Circuit has confirmed the invalidity of the claims of an alarm system patent held by Masimo Corp., a medical device company. The decision comes in the wake of an appeal lodged by a fellow medical device company, Sotera Corp., with the Patent Trial and Appeal Board. The details of…
In an ongoing intellectual property tussle between footwear brands, retailer Steve Madden has moved the federal government to nullify the ownership Dr. Martens claims over its iconic boot designs through two trademark registrations. This recent appeal intensifies the ongoing dispute about intellectual property infringement allegations between the two competitive footwear brands. The recent development as…
Donald Trump, former President of the United States, is attempting to cope with a multitude of legal problems that are currently occupying his schedule. He has devoted the majority of his time to addressing the accusations made by New York Attorney General Letitia James, Justice Arthur Engoron, Judge Tanya Chutkan, and Fulton County District Attorney…
Law firms are bracing clients for the possibility of a government shutdown, with attorneys working extra hours to handle the influx of queries and lay groundwork for potential fallout. At the forefront of these preparations are Biglaw attorneys, who are fielding numerous questions from their clients and aiming to familiarize them with the possible scenarios…
On August 28, 2023, the California Privacy Protection Agency (the “Agency”) released two sets of draft regulations, one for risk assessments and another for cybersecurity audits, under the California Consumer Privacy Act (the “CCPA”). These were released as a part of the Agency’s informal rulemaking process. The detailed risk assessment regulations are currently in the…
There is increasing anticipation that a government shutdown is likely as the deadline for passing the 12 annual appropriations bills or enacting a stopgap continuing resolution approaches. The funding of federal government operations for the next fiscal year, which begins on October 1, rests on these proceedings and unlike previous years, there is growing concern…
The Texas Legislature is known for its tendency to introduce a degree of uncertainty into legal practice during legislative session years. This is primarily due to the new laws it passes that directly impact the courts. Following the introduction of these laws, the Texas Supreme Court is tasked with developing rules to effectuate them. This…
The state of New Jersey has made recent amendments to its Workers’ Compensation laws that affect both physicians and corporations alike. Based on the statutes A4832 / S3309, which Governor of New Jersey signed into law on July 20, 2023, several modifications have been enacted. According to legislative analysis available at JD Supra, these amendments…
The Financial Conduct Authority (FCA) has recently reviewed and subsequently released its results on firms’ compliance with sanction controls. A major factor driving this assessment is the escalating number and type of sanctions implemented by the UK, especially in the wake of the Russian invasion of Ukraine in February 2022. Over 90 financial service firms…