Many companies accused of infringement have turned to Inter Partes Review (IPR) as an alternate route for challenging the validity of patent claims. But what happens if an accused infringer moves to stay litigation in light of a pending IPR petition? In the District of Minnesota, that motion will likely be considered premature.
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Magistrate Judge Bowbeer recently granted Plaintiff Polaris Industries Inc.’s motion for a protective order preventing testimony on a Rule 30(b)(6) topic relating to disputed prior art.
Many courts have done away with oral argument on motions. The District of Minnesota, however, continues to holds hearings on dispositive and non-dispositive motions.
A recent statement by President Barack Obama warned of future changes to the fiduciary duties for financial advisers. While requesting the Department of Labor to update its fiduciary rules, President Obama stated, “It’s a very simple principle: You want to give financial advice, you’ve got to put your client’s interests first.”
This article focuses on options available to Postdoctoral Scholars to attain permanent residence based on their professional skills. While U.S. immigration law contains various pathways to permanent residence, such as family-based (largely, but not exclusively marriage to a U.S. citizen), fear of persecution (laws of asylum and refugee) and miscellaneous programs (the most common of which is the Diversity Lottery program), this article is limited to strategies available to Postdocs leveraged off of their employment skills.
Does the United States Patent Act apply to a U.S. ship in international waters? Judge Montgomery considered this question in M-I Drilling Fluids UK Ltd. v. Dynamic Air Inc., Case No. 14-cv-4857.
On April 13, 2015, U.S. Citizenship and Immigration Services (USCIS) conducted a random, computer-generated lottery to determine which H-1B cap-subject petitions would be formally received for adjudication by the service center. USCIS has begun the process of issuing receipt notices for those petitions that were selected and returning the petitions that were not.
By Lisa Holter
In a recent case, the Delaware Court of Chancery held that parties to a merger transaction could not require a minority stockholder to give the buyer a release that was not required as part of the merger agreement itself, or agree to indemnify the buyer indefinitely for post-closing indemnification obligations up to 100 percent of the merger consideration received. See Cigna Health & Life Ins. Co. v. Audax Health Solutions, Inc. 107 A.3d 1082 (Del. Ch. 2014). This decision has implications for any private business held by a diverse group of stockholders, and in particular for private equity funds, which typically hold a controlling interest along with other significant minority holders. In this case, Optum Services, Inc. (Acquirer), a Delaware corporation, entered into a merger agreement to acquire Audax Health Solutions, Inc. (Target), a Delaware corporation, through a newly-formed entity Audax Holdings, Inc. (Holdings), wholly-owned by Acquirer. Before the merger, Cigna Health and Life Insurance Company (Minority Holder) owned shares of Target’s Series B Preferred Stock.
Employer Confidentiality Rules and Other Policies: NLRB Report Discusses Lawful and Unlawful Language
On March 18, 2015, the National Labor Relations Board’s General Counsel issued a 30-page memorandum (GC Memorandum) offering guidance on several common employer policies and handbook rules. In recent years, the NLRB has aggressively scrutinized and challenged employers’ rules covering a variety of topics. The GC Memorandum provides useful information for nearly all employers, whether unionized or not.
In a decision released March 24, 2015, the Supreme Court held that the U.S. Patent and Trademark Office Trademark Trial and Appeal Board’s (TTAB) determination of likelihood of confusion in an opposition proceeding can bind federal courts in trademark infringement litigation. The case is B&B Hardware, Inc. v. Hargis Industries, Inc., ___ U.S. ___ (No. 13-352 March 24, 2015).