Can You Appeal the PTAB’s Decision to Institute Review of Patent Claims on Grounds Not Raised in an IPR, PGR, or CBM Petition?
By Jo Dale Carothers
The America Invents Act provided several procedures for challenging the validity of patent claims, including inter partes review (“IPR”), post-grant review (“PGR”) and covered business method patent challenges (“CBM”). An IPR, PGR, or CBM challenge begins with a petition filed by the challenging party that identifies each claim challenged and the grounds for each challenge. Based on the petition and the patent owner’s optional preliminary response,
More Pitfalls For Misclassifying Employees | Weintraub Tobin
By Brendan J. Begley
The National Labor Relations Board (“Board”) recently created another potential pitfall for employers who misclassify employees as independent contractors. Most employers know that, if they misclassify an employee as an independent contractor, they may be subjected to fines, penalties and other types of liability. Such employers also can be sued by the misclassified employee and potentially liable for unpaid overtime wages (among other things). Additionally, taxing authorities may seek from the employer withholdings that should have been,
Locksmith Locked Out By Communications Decency Act
By James Kachmar
The Communications Decency Act (“CDA”) provides broad immunity for “providers of interactive computer services.” In essence, if an internet service provider falls within certain parameters, it is entitled to immunity against certain claims of liability brought under state law. Last month, the Ninth Circuit again considered the breadth of such immunity in the case, Kimzey v. Yelp!.
As many readers may know, Yelp is a website that allows customers to “rate” their experience with a particular store,