Gibbons Law Alert

Gibbons Law Alert

Author: Gibbons P.C.

Federal Circuit Fires Shot Across Congress’s Bow: Redefines Standard for Finding an Exceptional Case and Awarding Attorneys’ Fees

by

Posted in Patent

On January 17, 2014

In Kilopass Tech., Inc. v. Sidense, Corp., No. 13-1193, 2013 U.S. App. LEXIS 25671 (Fed. Circ., Dec. 26, 2013), the Court of Appeals for the Federal Circuit recently relaxed the standard for finding “an exceptional case” to justify attorneys’ fees in patent infringement actions. For IP practitioners, this case highlights the current state of the law regarding the necessary showing of bad faith to justify an award of attorneys’ fees in a patent infringement suit.

The Philadelphia Land Bank – What You Need to Know

by

Posted in Development/Redevelopment

On January 15, 2014

One stop shopping. That is the goal of the bill that Philadelphia Mayor Michael Nutter signed into law on January 13, 2014, creating the Philadelphia Land Bank. The Land Bank, which is to be fully operational by the end of this year, is intended to streamline and consolidate the process by which the City acquires and sells vacant and tax delinquent properties. The Land Bank will also act as the single repository for the approximately 9,500 vacant and surplus properties currently owned by the City through three separate entities: the City, the Philadelphia Redevelopment Authority and the Philadelphia Housing Development Corporation.

New York Appellate Division Reminds New York Practitioners That They Ignore CPLR 3212(a)’s Filing Deadlines at Their Peril

by

Posted in General Litigation

On January 14, 2014

In Kershaw v. Hospital for Special Surgery, the First Department of New York’s Appellate Division affirmed the denial of a summary judgment motion for being untimely filed, notwithstanding that the tardy motion clearly had merit, as emphasized by the dissent. In so doing, the Kershaw Court reinforced the notion that attorneys who disregard the filing deadlines set forth by the New York courts under the New York Civil Practice Law and Rules (“CPLR”) do so at their own peril.

Minimum Wage Increased in New York and New Jersey; Salary Basis Requirements Increased in New York

by

Posted in Wage and Hour

On January 10, 2014

All employers operating in either New York or New Jersey should take note that — effective immediately — the minimum hourly wage for non-exempt employees has increased. In New York, the minimum wage is now $8.00 per hour. In New Jersey, the minimum wage is now $8.25 per hour. In these states, employers must pay at least the new minimum hourly wage to non-exempt employees for each hour worked. Other than raising the hourly minimum wage, the changes do not alter the way that overtime is calculated.

Sherlock Holmes Has (Mostly) Entered the Public Domain

by

Posted in Copyright

On January 10, 2014

In what may not come as a surprise to many in the legal field, a federal court has recently confirmed that pre-1923 Sherlock Holmes-related works by Sir Arthur Conan Doyle are within the public domain. In the United States, it is established that copyrights of any works published or copyrighted prior to 1923 have expired, and such works are part of the public domain. The characters of Sherlock Holmes and Dr. Watson were first introduced in 1887 by Sir Arthur Conan Doyle in “A Study in Scarlet.” Prior to 1923, Doyle published a total of four novels, and forty-six short stories involving these characters. It would be reasonable to conclude that any of these pre-1923 works were in the public domain, free of copyright protection.

NJ Appellate Division Permits Criminal Indictment Against Employee Who Stole Employer’s Documents in Connection with LAD and CEPA Claims

by

Posted in Discrimination

On January 9, 2014

The Superior Court of New Jersey, Appellate Division, has held that a public sector employee can be criminally indicted for stealing employer documents to support her claims under the New Jersey Conscientious Employee Protection Act (CEPA) and New Jersey Law Against Discrimination (LAD). In State of New Jersey v. Saavedra, the Appellate Division found, in a 2-1 decision, that a criminal judge is not required to perform a Quinlan analysis when deciding a motion to dismiss an indictment charging the employee with second-degree official misconduct and third-degree theft of public documents. Instead, the State merely must introduce evidence to support a prima facie case that the defendant committed the crime. In dissent, Judge Simonelli disagreed with the majority, concluding that the doctrine of fundamental fairness should be expanded to preclude criminal prosecution of employees for theft or official misconduct for taking confidential employer documents while engaged in protected activity pursuant to the whistleblower and anti-discrimination laws.

NLRB Accepts Rejection of its Union Poster Rule

by

Posted in Labor

On January 7, 2014

Yesterday, the National Labor Relations Board announced it would not challenge two decisions by United States Courts of Appeals that struck down a Board rule requiring private sector employers to post a notice about employee rights to unionize. As previously reported, the NLRB issued the rule over two years ago, but decided to postpone it indefinitely due to legal challenges by business groups. Yesterday’s announcement signifies the Board’s acceptance that the rule is unenforceable, and accordingly, private sector employers have no legal obligation to post the notice.

New Jersey Gender Equity Notice Requirement

by

Posted in Discrimination

On January 2, 2014

Beginning on January 6, 2014, New Jersey employers with 50 or more employees (whether those employees work inside or outside of New Jersey) are required to post the new mandatory gender equity notice which was released by the New Jersey Department of Labor and Workforce Development (NJDLWD) in December 2013. The notice implements a September 2012 amendment to the New Jersey Equal Pay Act. It informs employees of their right to be free of gender inequity or bias in pay, compensation, benefits, or other terms and conditions of employment under both federal and New Jersey law. Employers are required to conspicuously post the gender equity notice in a place accessible to all employees. In the event that a covered employer has an internet site or intranet site for exclusive use by its employees and to which all employees have access, posting of the gender equity notice on the covered employer’s internet site or intranet site will satisfy the conspicuous posting requirement.

IP Practitioners — Are You Ready For 2014?

by

Posted in Licensing

On December 31, 2013

Like 2013, 2014 promises to be an exciting year for intellectual property law. The United States Supreme Court has at least two noteworthy intellectual property cases slated for the new year. The United States Supreme Court has at least two noteworthy intellectual property cases slated for the new year. As we reported, on December 6, 2013, the Supreme Court granted certiorari in Alice Corp. Pty. Ltd. v. CLS Bank Int’l. et al., 13-298. The Alice case concerns the patentability of a computer software program used to facilitate financial transactions. Sitting en banc, the Federal Circuit split 5-5 to affirm the district court’s decision and found Alice’s patents ineligible for protection under 35 U.S.C. § 101, a fractured opinion that left lawyers and their clients uncertain about which types of software patents are patentable.

Funding Available for Site Remediation in New Jersey

by

Posted in Development/Redevelopment

On December 27, 2013

On December 18, 2013, Susanne Peticolas, a Director in the Gibbons Real Property & Environmental Department, moderated a panel, “There May Be Money for Your Client for Site Remediation,” sponsored by the New Jersey Bar Association’s Environmental Law Section. The program focused on the Hazardous Discharge Site Remediation Fund (“HDSRF”). Michael Deely, Supervisor for NJDEP’s HDSRF program, cheered the audience by reporting that the long depleted fund once again has money for site remediation grants and loans.

Connect:

About Gibbons

With 200 attorneys, Gibbons is a leading law firm in New Jersey, New York, Pennsylvania, Delaware, Washington, DC, and Florida, ranked among the nation’s top 200 by The American Lawyer. More…

Subscribe

Archived Blog Posts

Categories