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Construing Oregon’s “clear and convincing evidence” standard, along with the state’s requirement that work conditions constitute the “major contributing cause” of the worker’s claimed condition, a state appellate...

A Florida appellate court held that a Judge of Compensation Claims erred in awarding workers’ compensation benefits to a claimant for an alleged toxic exposure claim in the form of fungal meningitis in as much as the statutes in question—§...

Mauricio-Vasquez v. Whitaker - "We consider a single question: Whether the Immigration Judge and the Board correctly determined, by clear and convincing evidence, that Mauricio-Vasquez was admitted to the United States in 2008. ... In our view, any...

Vision Mining, Inc. v. Gardner , 2010-SC-000311-WC (Ky. 2011): KRS 342.316 subjects coal workers’ pneumoconiosis claimants to a more stringent statutory treatment than all other pneumoconiosis claimants and thus violates the equal protection guarantees...

Guitarist Esteban and Home Shopping Network Survive Fishman Transducers' Trademark Lawsuit In late 2006, the Home Shopping Network (HSN) sold about 70,000 "Esteban" guitars that it inaccurately identified as containing Fishman guitar "pickups...

Guitarist Esteban and Home Shopping Network Survive Fishman Transducers' Trademark Lawsuit In late 2006, the Home Shopping Network (HSN) sold about 70,000 "Esteban" guitars that it inaccurately identified as containing Fishman guitar...

Vision Mining, Inc. v. Gardner , 2010-SC-000311-WC (Ky. 2011): KRS 342.316 subjects coal workers’ pneumoconiosis claimants to a more stringent statutory treatment than all other pneumoconiosis claimants and thus violates the equal protection guarantees...

By Steven J. Rizzi , Jacqueline Wright Bonilla , Ariel M. Fox and Jeanne M. Gills For nearly three decades, the Court of Appeals for the Federal Circuit has required litigants defending a claim of patent infringement to prove invalidity by clear...

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 29 granted certiorari in a case that could clarify the evidentiary standard for establishing patent invalidity in response to allegations of infringement ( Microsoft Corp. v. i4i Limited...

Lack of Patent Reexamination Discussion in Microsoft Brief Emphasized As I pointed out last month, the patent reexamination statutes arguably reinforce the CAFC's reading of § 282 . That is to say, by providing the patent reexamination statutes...

Microsoft v. i4i: Legislative Intent of Patent Reexamination? The briefing in Microsoft v. i4i (Supreme Court 2011), has begun. As discussed at length previously , Microsoft has sought Supreme Court review of the following issue: Whether the court...

By Steven J. Rizzi , Jacqueline Wright Bonilla , Ariel M. Fox and Jeanne M. Gills For nearly three decades, the Court of Appeals for the Federal Circuit has required litigants defending a claim of patent infringement to prove invalidity by clear...

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 29 granted certiorari in a case that could clarify the evidentiary standard for establishing patent invalidity in response to allegations of infringement ( Microsoft Corp. v. i4i Limited...

Microsoft v. i4i: Legislative Intent of Patent Reexamination? The briefing in Microsoft v. i4i (Supreme Court 2011), has begun. As discussed at length previously , Microsoft has sought Supreme Court review of the following issue: Whether the court...