Internet Archive's Distribution of Digital Copies of Print Books Not Fair Use: Second Circuit

In Hachette Book Group v. Internet Archive, the US Court of Appeals for the Second Circuit held that it is not fair use for a nonprofit organization to scan copyright-protected print books... Read more »

IPR Findings on Prior Art Teachings Not Preclusive in District Court: Federal Circuit

In ParkerVision, Inc. v. Qualcomm Inc., the US Court of Appeals for the Federal Circuit held that Patent Trial and Appeal Board (PTAB) findings in an inter partes review (IPR) proceeding concerning... Read more »

Key Findings: Fourth Circuit Affirms Summary Judgment in Railroad Case, Holds Sherman Act Claims Are Time Barred

On August 29, 2024, the US Court of Appeals for the Fourth Circuit affirmed the district court’s grant of summary judgement, holding that Sherman Act claims brought by CSX Transportation against Norfolk... Read more »
Federal Circuit Patent Law Related Decisions for 2023

Federal Circuit Patent Law Related Decisions for 2023

We are pleased to share Sheppard Mullin’s inaugural “Year in Review” report that collects and reports on most key patent law-related Federal Circuit decisions for 2023. This is a follow up to... Read more »
CFPB, FTC File Amicus Brief in Eleventh Circuit for FCRA Dispute

CFPB, FTC File Amicus Brief in Eleventh Circuit for FCRA Dispute

On March 29, the CFPB and the FTC jointly filed an amicus brief with the Eleventh Circuit in a matter involving a dispute under the Fair Credit Reporting Act. The case involves a consumer... Read more »
Seventh Circuit Orders Pension Fund to Return Withdrawal Liability to Employer

Seventh Circuit Orders Pension Fund to Return Withdrawal Liability to Employer

An employer can contest a withdrawal liability assessment and ultimately prevail. That is the moral of Bulk Transport Corp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563 (7th Cir. Mar. 22,... Read more »
Federal Circuit Affirms Grant of Summary Judgment for Safe Harbor

Federal Circuit Affirms Grant of Summary Judgment for Safe Harbor

Earlier this week, the Federal Circuit granted Meril Life Sciences safe passage out of the infringement storm — otherwise known as Edwards Lifesciences — continuing to chase it (at least for now).... Read more »
Fifth Circuit Vacates EPA PFAS During Fluorination Prohibition

Fifth Circuit Vacates EPA PFAS During Fluorination Prohibition

On March 21, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Environmental Protection Agency’s (EPA) December 2023 orders prohibiting Inhance Technologies, L.L.C. (Inhance) from manufacturing or processing per- and... Read more »
Third Circuit Appeals Court Holds CFPB Can Proceed with Student L

Third Circuit Appeals Court Holds CFPB Can Proceed with Student L

In a significant ruling on March 19, the Third Circuit Court of Appeals held that the CFPB can proceed with its lawsuit against a group of Delaware student loan trusts rejecting their claims that... Read more »
Sixth Circuit Delivers Uncertainty on Calculating Impact of Driver Costs

Sixth Circuit Delivers Uncertainty on Calculating Impact of Driver Costs

When nonexempt employees use their personal vehicles to provide delivery services, how much must their employer reimburse them to ensure that the employees are paid at least the minimum wage required by... Read more »
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