On March 12, 2018, the Federal Circuit held in SimpleAir, Inc. v. Google LLC, No. 2016-2738, that a terminal disclaimer does not raise a presumption that a continuation patent is patentably indistinct ...

This morning the Supreme Court reversed the U.S. Court of Appeals for the 2nd Circuit’s decision in Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., holding that Lucky Brand is not ...

Next week the justices will hear oral argument in Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc., a trademark dispute over whether federal preclusion principles can bar a defendant from ...

“We have held that a suit may not be barred by claim preclusion, even where the same transactional facts are present in both suits, if infringement allegations are ‘temporally limited to acts ...

In a recently issued precedential decision, the U.S. Court of Appeals for the Third Circuit, followed suit with the Second and Ninth circuit courts of appeal and held that Trademark Trial and Appeal ...

In a recent U.S. Court of Appeals for the Third Circuit decision, In re Eileen T. Adams, the appellate court blocked just such an effort following an analysis of the Rooker-Feldman doctrine and the ...

Supreme Court issues decision in Lucky Brand Dungarees v Marcel Fashion Group SCOTUS reverses Second Circuit’s dismissal of Lucky Brand’s motion to dismiss Legal experts identify learnings and ...

The U.S. Court of Appeals for the Fifth Circuit ruled that the defense of claim preclusion applies to actions for maintenance and cure. In the instant case, plaintiff brought an action against ...

The U.S. Supreme Court agreed on Friday to consider whether, in cases where a plaintiff raises new claims, federal preclusion can bar a defendant from raising defenses that were not litigated and ...

January 21, 2025 - Terminating tenured faculty can present significant challenges for public colleges and universities. Often personnel rules or collective bargaining agreements prohibit terminations ...