Appellate Law News and Insights

Patent Law Alert–Federal Circuit Landmark Ruling Overhauls The Obviousness Test For Design Patents

Published: Jun 07, 2024
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On May 21, 2024, the full U.S. Court of Appeals for the Federal Circuit (in a proceeding known as an en banc rehearing) issued a decision in LKQ Corp. v. GM Global Technology Operations LLC, No. 2021-2348 (Fed. Cir. 2024). The Federal Circuit overruled earlier cases that dictated the long-standing, rigid two-part test for...

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Alabama Supreme Court’s Ruling Regarding In Vitro Fertilization And Its Impact On Fertilization Treatment Services Locally And Nationally

Published: May 21, 2024
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On 16 February 2024, the Supreme Court of Alabama published its opinion, "Supreme Court of Alabama, SC-2022-0515,"1 regarding whether embryos located outside the biological uterus are considered unborn children pursuant to Alabama's Wrongful Death of a Minor Act2 (the Act). The court held that the Act applies to all born and unborn...

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Ninth Circuit Rules That Only Individual PAGA Claims Can Be Compelled To Arbitration

Published: May 16, 2024
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On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macy's West Stores, after the employer appealed the district court's decision ordering arbitration of both an employee's individual and non-individual claims under the California Private Attorney Generals Act (PAGA). The Ninth Circuit held that even though the arbitration agreement made...

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