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Federal Circuit holds that PTAB Failed to Substantiate Application of “Common Sense” Legal Analysis

by Stephen Kennedy | Aug 11, 2016 | Blog

On August 9, 2016, the Federal Circuit Court of Appeals issued its opinion in Arendi S.A.R.L. v. Apple Inc., Appeal No. 15-2073 (Fed. Cir. 2016). In the case, the Federal Circuit holds: “Because the Board’s presumption that adding a search for phone numbers to Pandit...

Whole Foods is Not the World’s Healthiest Grocery Store

by Stephen Kennedy | Aug 5, 2016 | Blog

The United States Patent and Trademark Office has rejected Whole Foods’ application for the trademark WORLD’S HEALTHIEST GROCERY STORE. Whole Foods filed its initial application on June 23, 2016. In its application, Whole Foods disclaimed any exclusive right to the...

The Learned Professional Overtime Exemption: What You Need to Know – Part IV

by Stephen Kennedy | Jul 27, 2016 | Blog

The professional exemption to the federal overtime requirements (“Professional Exemption”) is frequently relied upon to categorize employees as exempt from overtime when an employee is functioning in what appears to be a highly skilled capacity.  Employers relying on...

Stephen Kennedy Contributes to Book on Trademark Protection

by Stephen Kennedy | Jul 22, 2016 | News

We are proud to announce that our own Managing Partner Stephen Kennedy has contributed a chapter to the upcoming book titled “Recent Trends in Trademark Protection”. Below you can find Mr. Kennedy’s chapter from the book where he provides his...

THE ADMINISTRATIVE OVERTIME EXEMPTION: THE EXEMPTION IS OFTEN MISUNDERSTOOD BUT HEAVILY RELIED UPON – PART III

by Stephen Kennedy | Jul 1, 2016 | Blog

Introduction Under the Fair Labor Standards Act (“FLSA” or the “Act”), certain employees are exempt from the overtime requirements of the Act.  The Act requires that an employee who works in excess of 40 hours during a seven-day workweek get time and one half for all...
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