On Thursday, May 7, McDermott Partners Ed Zaelke and Carl Fleming were joined by Christen Blum, head of the Renewable & Analytics Advisory practices at Edison Energy, to hear her thoughts on the current effects of COVID-19 on the
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Latest from McDermott Will & Emery - Page 12
Alert: California False Claims Expansion Bill Preparing to Advance
The revived False Claims expansion bill in California, A.B. 2570, is on the agenda to be heard by the Assembly Judiciary Committee on May 11 at 10:00 am PDT. The proposal would authorize tax-based false claims actions, allowing private,…
Governor Newsom Signs Executive Order Providing Last Minute Property Tax Relief
On Tuesday we authored a blog post commending San Francisco County Assessor Carmen Chu for moving the deadline for businesses to file their Business Property Statements (Form 571-L) to June 1 of this year. We noted that California statutory authority…
Department of Labor Updates COBRA FAQs and Model Notices
On May 1, 2020, the Department of Labor (DOL) issued updated Frequently Asked Questions and revised model notices under the Consolidated Omnibus Budget Reconciliation Act (COBRA). COBRA is a federal law that permits individuals to continue group health plan coverage…
Official Statute Annotations Are Not Copyrightable
By Amol Parikh
In a 5-4 decision, the Supreme Court of the United States held that copyright law does not protect annotations contained in the official annotated compilation of state statutes. Georgia v. Public.Resource.Org, Inc., Case No. 18-1150 (Supr. Ct. Apr. 27, 2020)…
Federal Circuit Sinks Another Attempt to Use PTO Guidance
The US Court of Appeals for the Federal Circuit found claims directed to methods of fishing to be patent ineligible, affirming a Patent Trial and Appeal Board (PTAB) decision that the claims were directed to the abstract idea of selecting…
PTAB Time Bar Application in Instituting IPR Proceedings Nonappealable
Addressing the scope of review of the Patent Trial and Appeal Board’s (PTAB’s) application of the one-year time bar of 35 USC § 315(b) in deciding whether to institute an inter partes review (IPR) proceeding, the Supreme Court of the…
Seventh Circuit Slaps Online Marketer with Default Judgment, Permanent Injunction
A unanimous panel of the US Court of Appeals for the Seventh Circuit upheld a default judgment and permanent injunction against an online marketer for trademark infringement, false advertising, dilution, unfair competition under the Lanham Act, and claims under Illinois…
Computer Fraud and Abuse Act Set for Initial Supreme Court Review
In the wake of a 5-4 circuit court split, the Supreme Court of the United States granted certiorari to review the 1986 Computer Fraud and Abuse Act (CFAA) and specifically whether a person who is authorized to access information on…
Article III Standing Required to Appeal Final Decisions by the PTAB
By Mandy H. Kim
Addressing the issue of Article III standing in an appeal of an inter partes review (IPR) decision, the US Court of Appeals for the Federal Circuit dismissed the appeal because the party appealing failed to establish an injury sufficient to…