On April 2, 2015, USCIS announced that it had accepted and approved a sufficient number of H-2B petitions to meet the congressionally mandated annual cap of 66,000 H-2B visas. From June 3, 2014, through March 26, 2015, USCIS accepted about 3,900 petitions (about 77,000 beneficiaries) toward the H-2B FY 2015 cap.
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Several companies have been in the spotlight recently due to hiring H-1B workers and laying off U.S. workers in similar positions.
Magistrate Judge Leung considered this question in Stratasys, Inc. v. Microboards Technology, LLC. In the case, Stratasys claims that the H-Series 3D printer sold by Microboards Technology (“Afinia”) infringes various patents.
Proposed Changes to FLSA Rules Would Make Millions Eligible for Overtime by More Than Doubling Minimum Salary
On Tuesday, the U.S. Department of Labor (DOL) issued long-awaited proposed revisions to its “white collar” regulations, which exempt certain employees from overtime pay under the federal Fair Labor Standards Act (FLSA). The proposal would raise the minimum salary required to qualify for the exemption to $50,440 per year. In an op-ed published in the Huffington Post on Monday, President Obama announced that the changes are intended to “extend overtime protections to nearly 5 million workers in 2016[.]”
Despite the Supreme Court’s recent Commil USA, LLC v. Cisco Systems, Inc. decision, invalidity opinions of counsel remain an important tool for mitigating patent infringement risk. Under Commil, invalidity opinions cannot be used to show that an accused infringer lacked the requisite intent to induce—i.e., the scienter element—under 35 USC § 271(b). But companies will continue to use the opinions to memorialize early-stage validity analyses as part of a broader strategy of assessing potential patent infringement risk.
As a transactional lawyer, what are the key things that you should focus on in due diligence to determine whether the trade secret your client is considering acquiring is treasure or trash? Anyone can read the various state trade-secret statutes. This article’s purpose is to go beyond the skeletal description contained in the statutes and flesh out the statutory definition with a litigator’s experience regarding what the arbitrators and juries are likely to protect as trade secrets. Accordingly, here are the first five things from a litigator’s perspective that a transactional lawyer should examine when they are conducting trade secret due diligence.
Last year Congress tried to pass a bill aimed at curbing abusive patent litigation initiated by so-called “patent trolls,” or non-practicing entities (NPEs), but the bill died in the Senate when it was dropped from the Senate’s agenda as it was nearing a vote, even though the bill had passed in the House and President Obama had indicated he would sign it. This year, the push for legislation has been revived and bills have been introduced in both the House of Representative and the Senate.
Patent holders bringing infringement suits sometimes unnecessarily assert that a competitor infringes an unreasonable number of patent claims. Courts have the authority and discretion to reasonably limit the number of asserted claims in order to combat potential abuse. When that reduction should occur is less certain.
By J. Marc Ward
What goes on when crafting an acquisition agreement to purchase a company? Or to say it differently, why do lawyers insist on one phrase or word over another? “Legalese” has its place.
The District of Minnesota is one of the busiest courts in the nation. The District also carries a greater than average load of patent cases. The Senior Status Judges in the District take a full case load, but do not handle patent cases.