Since the passage of the America Invents Act, inter partes review, or IPR, and post-grant review, or PGR, have been favored over ex parte reexamination to challenge a patent's validity at the U.S. Patent and Trademark Office. Recently, however, the popularity of ex parte reexamination has Continue Reading
New Jersey Supreme Court Ruling Means Employers Should Reassess and Document Independent Contractor Relationships
A recent decision by the New Jersey Supreme Court makes this a good time for companies using independent contractors to review those arrangements. In East Bay Drywall v. Department of Labor & Workforce Development, the Supreme Court emphasized that, even when a company has an independent Continue Reading
Congress Considering Bill to Boost Patent Quality
Senators Patrick Leahy and Thom Tillis recently introduced a bill to evaluate the transparency of patent examinations and ultimately improve the quality of patents. The bill requires the comptroller general of the United States to assess and provide information on metrics for patent quality. The Continue Reading
New Bill Seeks to Remove Long-Standing Roadblock to Patent Protection
Courts have long struggled with determining what makes an invention eligible for a patent by applying broad and ill-defined “I know it when I see it” tests that sometimes prevent breakthrough technologies from receiving patent protection. A new bill proposed by Senator Thom Tillis aims to both Continue Reading
Artificial Intelligence and Inventorship: An Expected Decision with Uncertain Consequences
The top U.S. patent court has confirmed what many were expecting in the patent community — that artificial intelligence (AI) is not considered an “individual” according to the Patent Act and thus AI cannot be named as an inventor on a patent. The court’s ruling was the latest roadblock Continue Reading
Court Upholds MFW Broad Application Framework for Controlling Stockholder Transactions
In City Pension Fund for Firefighters and Police Officers in the City of Miami v. The Trade Desk, Inc., et al., C.A. No. 2021-0560-PAF (Del. Ch. July 29, 2022), the Delaware Court of Chancery dismissed a stockholder challenge to a charter amendment transaction that eliminated a dilution provision Continue Reading
Delaware Supreme Court Reverses Use of Unreliable Hearsay Evidence to Establish Proper Purpose in Section 220 Action
In this appellate opinion, the Delaware Supreme Court reviewed a challenge to a final judgment of the Court of Chancery requiring NVIDIA Corporation (the Company) to produce books and records under Section 220 of the Delaware General Corporation Law. The Supreme Court ultimately affirmed multiple Continue Reading
Selling for a Profit
Environmental issues can prevent you from earning maximum profits on the sale of your business or property. In this article, Jane Warren advises on how to investigate and mitigate environmental challenges to your advantage. Continue Reading
DE Court of Chancery Denies Challenge to Going-private Merger Based on Business Judgment Rule
In Harcum v. Lovoi, et al., C.A. No. 2020-0398-PAF (Del. Ch. Jan. 3, 2022), the Delaware Court of Chancery dismissed a purported shareholder class’s fiduciary duty claims arising out of a going-private merger. The complaint failed to allege facts capable of establishing a conflict to support an Continue Reading
How Can Defense Contractors Battle Rising Costs? Here Are Some Tips
Many contracts that were negotiated and priced over the past 18 to 24 months are simply more expensive to perform now than was reasonably anticipated when bids were prepared. In recognition of these soaring prices, the Defense Department issued a May 25 memorandum titled “Guidance on Inflation and Continue Reading