This morning, the United States Supreme Court announced its decision in Kirtsaeng v. John Wiley & Sons, No. 15-375. We’ve previously covered the briefing in this case here on the blog. In a unanimous opinion authored by Justice Kagan, the Court held that district courts must place substantial weight on the objective reasonableness of a …
Fair use may be used as an affirmative defense against a claim of copyright infringement. Fair use allows usage of a limited amount of copyrighted material without permission from the owner of the work. Examples of fair use may include excerpts from a work for the purpose of criticism or commentary, parodies, and certain …
The Supreme Court has cleared the way for larger enhanced damages awards in patent infringement cases. In a unanimous decision released today, the Court found that the Federal Circuit’s test for determining whether to award enhanced damages is inconsistent with § 284 of the Patent Act. The decision was announced in the consolidated cases of …
1. New 2016 White Collar Overtime Rule The Fair Labor Standards Act (“FLSA” or the “Act”) mandates that all employees not “exempt” from overtime pay be paid overtime for all hours “actually worked” in excess of 40 hours in any single workweek at a rate of 1 ½ times the “regular rate” of pay. Failure …
Managing Partner Stephen Kennedy was recently interviewed by Lawyer Monthly on recent developments in patent law. Don’t miss Steve Kennedy’s latest insights found on pages 58-59 of this month’s edition: http://www.lawyer-monthly.com/magazine/LM73-16/