Gibbons Law Alert

Gibbons Law Alert Blog

Proposed Amendments to Patent Laws to Rein in Litigation Abuses

Posted in Patent

On October 9, 2013

Recently, House Judiciary Committee Chairman Bob Goodlatte (R-VA) announced a 47-page draft of a bill that proposes various amendments to the Patent Act, Title 35 of the United States Code and the Leahy-Smith America Invents Act. Importantly for IP practitioners, the draft bill would heighten pleading requirements for patent cases under a new 35 U.S.C. § 281A, by requiring detailed information in a complaint, including all the patents alleged to be infringed, an identification of each accused product and information with “detailed specificity” regarding how the product infringes. The proposed revisions would eliminate the current “Form 18,” which is the baseline model for alleging patent infringement.

Gibbons Director Douglas Janacek Named “2014 Lawyer Of The Year” in Land Use & Zoning Law by 2014 Best Lawyers

by Gibbons P.C.

Posted in Development/Redevelopment

On October 9, 2013

Gibbons is proud to announce that Douglas J. Janacek, Co-Chair of the Gibbons Real Property & Environmental Department, was the only New Jersey lawyer to be named a “2014 Lawyer of the Year” in Land Use & Zoning Law in the 2014 edition of Best Lawyers®. Mr. Janacek was recognized in the Newark, NJ region. Since 2009, Best Lawyers® has been designating “Lawyers of the Year” in the U.S. in high-profile legal practice areas. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year.”

Third Circuit Emphatically Enforces Last Year’s Ruling in Marcus on Rule 23(a) Prerequisites

by Gibbons P.C.

Posted in Class Action Defense

On October 9, 2013

In Hayes v. Wal-Mart Stores, Inc., the Third Circuit determined that the plaintiff consumer failed to satisfy Rule 23’s ascertainability and numerosity requirements for class actions as articulated in Marcus v. BMW of North America, LLC and remanded the matter to the District Cout so that the plaintiff could address the clarified requirements expressed in Marcus, which was not yet decided at the time of the District Court proceedings in Hayes. By doing so, the Third Circuit demonstrated that it intends to continue vigilantly enforcing Rule 23’s threshold requirements for plaintiffs.

Hoping to Understand the Troll: the FTC Seeks Public Comment on its Proposed Information Requests

by Christopher H. Strate

Posted in Patent

On October 7, 2013

On September 27, the Federal Trade Commission (“FTC”), announced that it had unanimously voted to seek public comments on its proposed requests for information from selected Patent Assertion Entities (“PAEs”), typically referred to as “patent trolls.” The FTC’s proposed 6(b) order seeks information from approximately 25 yet-to-be-named PAEs in the wireless communications sector regarding among other things, their “patent acquisition, litigation, and licensing practices.”

Throw Out Your Old SEQRA Forms – The Revised Model SEQRA Environmental Assessment Forms Take Effect October 7, 2013

by Gibbons P.C.

Posted in Development/Redevelopment / Environmental and Green Issues

On October 4, 2013

Among the many sweeping changes made in recent years to New York’s State Environmental Quality Review Act (“SEQRA”), including pending SEQRA amendments and a revised SEQRA handbook, are the adoption of revised model environmental assessment forms (EAFs). The new forms were adopted by the New York State Department of Environmental Conservation (NYCDEC) back in January of 2012 and become effective as of Monday, October 7, 2013. The new EAFs can be found on NYCDEC’s website.

NJLAD Amended to Target Potential Pay Discrimination

by Gibbons P.C.

Posted in Discrimination / Policies and Handbooks

On October 3, 2013

On August 28, 2013, New Jersey Governor Christie signed Assembly Bill No. 2648, amending the New Jersey Law Against Discrimination (“NJLAD”) to prohibit employers from retaliating against employees who disclose to or request information from other employees or former employees regarding job title, occupational category, pay (including benefits), gender, race, ethnicity, military status and national origin for the purpose of investigating or taking legal action against potential pay discrimination. The amendment, effective immediately, does not require employees or former employees to divulge this information.

Agreements to Arbitrate Will Be Enforced Against Unit Owners Even Where the Claims of the Condominium Association Will Be Litigated

by Gibbons P.C.

Posted in Alternative Dispute Resolution

On October 3, 2013

Purchasers of units in planned real estate developments, such as condominium complexes, often enter into purchase agreements with the developer that contain arbitration provisions requiring the purchasers to arbitrate any claims they may have arising out of the construction and sale of the unit. In Hudson Tea Buildings Condo Assoc. v Block 268 LLC, the New Jersey Appellate Division recently considered questions over the enforceability of such provisions in a lawsuit involving some claims that were subject to the arbitration provision and some that were not.

ANDA Product Controls Infringement Analysis In Hatch-Waxman Framework

by Charles H. Chevalier

Posted in Patent

On October 3, 2013

Last week, the Federal Circuit, in Sunovion Pharm. v. Teva Pharm. USA, et al., addressed the appropriate infringement analysis in the context of Hatch-Waxman (aka “ANDA”) litigation. It held: Although no traditional patent infringement [occurs] until a patented product is made, used, or sold, under the Hatch-Waxman framework, the filing of an ANDA itself constitutes a technical infringement for jurisdictional purposes. But the ultimate infringement question is determined by traditional patent law principles and, if a product that an ANDA applicant is asking the FDA to approve for sale falls within the scope of an issued patent, a judgment of infringement must necessarily ensue.

Obama Administration Proposes Cybersecurity Best Practices

by Gibbons P.C.

Posted in Policies and Handbooks / Privacy and Data Security

On October 1, 2013

As practitioners are aware, in February 2013, President Obama issued an executive order directing federal agencies to create a set of voluntary cybersecurity standards and procedures for critical parts of the private sector. If followed, these “best practices” are intended to reduce the risk of a cyber attack and its attendant disruption of business.

Contractor’s Violation of Pennsylvania’s HICPA Registration Requirement Does Not Bar Quantum Meruit or Mechanics Lien Claims

by Gibbons P.C.

Posted in Construction Liens / Contract Claims

On September 30, 2013

The Pennsylvania Home Improvement Consumer Protection Act, 73 P.S. § 517.1, et. seq. (“HICPA”), became effective on July 1, 2009. The HICPA is designed to protect purchasers of home improvement services from contractors engaging in fraudulent business practices. It requires contractors who perform more than $5,000 of work per year, and whose company is worth less than $50,000,000, to register with the Pennsylvania Office of the Attorney General (“OAG”), and comply with HICPA’s substantive requirements. The HICPA requires contractors to enter into written contracts for performance of improvements, specifies provisions which must be included in the written contract (§ 517.7(a)), and identifies other provisions the inclusion of which makes the contract voidable by the owner (§ 517.7(e)). Finally, certain acts on the part of contractors, including failure to register with the OAG (id. § 517.9) are prohibited by the HICPA, which sets forth criminal penalties for fraud (§ 517.8). Significantly, a violation of the Act is also deemed to be a violation of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et. seq.