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Busy, Busy, Busy! Minnesota Handles Heavy and Varied Patent Docket

May 21, 2015

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.

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Wait for the PTAB to Institute an IPR Before Moving to Stay Litigation

May 19, 2015

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?

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District of Minnesota Holds that Mayo, Myriad, and Alice Apply to Dog-Eat-Dog World of Canine Genetic Testing

May 19, 2015

On March 31 in Genetic Veterinary Sciences, Inc., d/b/a Paw Print Genetics v. Canine EIC Genetics, LLC, No. 14-CV-1598 (JRT/JJK), Judge John R. Tunheim addressed the question of whether veterinarians can obtain patents for identifying genetic markers of canine disease.

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MN Judge Orders Recall of Accused Products

May 19, 2015

When should a company facing charges of patent infringement be required to recall the accused products? A recent District of Minnesota decision noted the absence of controlling authority on that question, but ordered a recall nonetheless.

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Corporate Witness Not Required To Testify Regarding Legal Validity Arguments

May 1, 2015

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.

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Minnesota: Land of 10,000 Lakes and Oral Hearings

April 29, 2015

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.

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Retirement Advisers Get Ready – You May Have a Heightened Duty to Clients

April 21, 2015

A recent statement by President Barack Obama warned of future changes to the fiduciary duties for financial advisers.

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Patent Infringement in International Waters

April 18, 2015

Does the United States Patent Act apply to a U.S. ship in international waters?

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USCIS Announces H-1B Lottery Conducted for FY 2016

April 14, 2015

USCIS conducted a random, computer-generated lottery to determine which H-1B cap-subject petitions would be formally received for adjudication and has begun the process of issuing receipt notices.

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Employer Confidentiality Rules and Other Policies: NLRB Report Discusses Lawful and Unlawful Language

March 30, 2015

On March 18, 2015, the National Labor Relations Board’s General Counsel issued a 30-page memorandum offering guidance on several common employer policies and handbook rules.

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