In a precedent-setting decision, the Circuit ruled that PTAB improperly threw out Magnum Oil’s patent by essentially adopting arguments on behalf of an outside party that had challenged the patent’s validity – even though that party did not make those arguments and failed to present valid reasons to support them.
A West Texas federal False Claims Act case that focused on the corporate marketing of a medical device has settled out of court for $11.5 million.
A Dallas jury ruled Tuesday evening that medical office executive Mehrdad Ghani committed fraud and breached the fiduciary relationship he had as part of a business partnership with North Dallas neurologist Erwin Cruz.
By overlaying a video game with the physical world, “Pokémon Go” creates a variety of situations in which companies may face legal action from game players as well as employees. The game’s owners, Japan-based Nintendo Ltd. and The Pokémon Company, have shielded themselves from lawsuits by requiring forced arbitration for any disputes arising from those who download the game. However, there are no such protections for unaffiliated companies that are dealing with all the existing and potential headaches – such as data breach concerns, business interruption and production loss and personal injuries – caused by “Pokémon Go” and its players.
Employers subject to the Occupational Safety and Health Act and related OSHA regulations are likely familiar with their obligations to record and report certain workplace injuries and illnesses. On May 11, 2016, OSHA published a set of revisions (the “Final Rule”) to the existing regulations concerning recordkeeping and reporting requirements for employers. This article provides a brief overview of the Final Rule and offers some suggestions to prepare employers for the revised record-keeping and reporting requirements.
Since its September 2012 launch, the Patent Trial and Appeal Board has gained a reputation as a place that kills patents. Legal experts say the reality is more complex. “Recent studies show only a miniscule number of patents have been affected by the PTAB,” said IP law specialist William Munck. This article examines PTAB and its impact on patent litigation in-depth.
New patent infringement lawsuits filed in East Texas declined by nearly half during the first six months of 2016 – a sign that multiple efforts to curb complaints by so-called patent trolls are finally having an impact. While patent litigation may have peaked in 2015, EDTX continues to be by far the most popular place in the U.S. to sue for intellectual property infringement. Patent lawsuits also plummeted in Northern and Western Districts of Texas.
Last month, the Texas Supreme Court addressed the issue of judicial error in legal malpractice cases for the first time. The case is significant because it provides attorneys with certainty that they will not be held liable for injuries they did not cause.
A Beaumont TV station is seeking attorney’s fees under the Texas Citizens Participation Act after winning dismissal of a libel lawsuit filed over a broadcast about a doctor’s disciplinary order. In its first decision involving a media defendant seeking dismissal of a defamation case under the act, a divided Texas Supreme Court last month reversed an appeals court and a trial court that had denied the station’s motion to dismiss.
The Texas Supreme Court recently reversed a $752,000 judgment against Union Pacific, finding no evidence that the railroad could have reduced the risk of West Nile in a mosquito-laden area near the Gulf Coast. In it’s ruling, the court recognized the common-law doctrine of ferae naturae, which protects landowners from liability for harm caused by wild animals or insects.