Manufacturing

Guidance for Businesses Resolving Multiple “Shelter in Place” Orders and Differing Definitions of “Essential Business”

By: Sherry D. Coley and Tiffany E. Woelfel Although California was the first state to issue a “shelter in place” order on March 19, 2020, it quickly became clear that it would not be the last. Since the 19th, approximately 21 states have issued similar orders as they combat the COVID-19 outbreak and try to flatten the curve. Not only are states...

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Are You an “Essential Business” in Wisconsin Under the Safer At Home Order?

By: Mark G. Kmiecik, Abby S. Busler and Ryan M. Spott The State of Wisconsin has joined several other states in shutting down all nonessential businesses with its newly issued Safer At Home Order, which is effective at 8:00 a.m on Wednesday, March 25, 2020, and will remain in effect until 8:00 a.m on Friday, April 24, 2020, or until a superseding...

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Governor Evers Announces Order Allowing Only Essential Businesses to Remain Open; Designations for Wisconsin Are Pending

By: Abby S. Busler On March 23, 2020, Governor Evers announced his plan to issue a #SaferAtHome order.  This order will allow only “essential businesses” to remain open, encouraging social distancing and requesting that Wisconsinites stay at home.  At Governor Evers’ 1:30 p.m. press conference, he announced the detailed order will be issued on...

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Guidance to Manufacturers in Managing Operations during the COVID-19 Crisis

By: Sherry D. Coley and Tiffany E. Woelfel As the COVID-19 crisis continues for the foreseeable future, manufacturers will become the life-line of our country for two reasons.  First, manufacturers will be relied upon to produce much needed supplies, both medical and home-essential supplies.  Second, manufacturers will be critical to keeping the...

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New Limits on Gatherings and Private Businesses in Wisconsin

By: Sherry D. Coley and Tiffany E. Woelfel Executive Order #5 This afternoon, Governor Evers and Secretary Palm of the Department of Health Services issued Emergency Order #5 (“EO #5”) in a further attempt to restrict the spread of COVID-19.  EO #5 restricts mass gatherings of 10 or more people and will substantially impact businesses of all...

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Secret Sales Still “On Sale” For Patent Purposes

Secret Sales Still “On Sale” For Patent Purposes

By: Erin E. Kaprelian and Joseph S. Heino On January 22, 2019, the U.S. Supreme Court handed down its decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals Inc. The Helsinn case asked whether a sale of an invention to a third party, where the third party is required to keep the invention confidential, places the invention “on sale” under...

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Supreme Court Holds Lost Foreign Profits Can Be Included in Damages Calculation

Supreme Court Holds Lost Foreign Profits Can Be Included in Damages Calculation

On June 22, 2018, the Supreme Court issued its ruling in WesternGeco LLC v. ION Geophysical Corp. This case centered around the question of whether, under the damages provisions of the Patent Act, a patent owner can recover for lost foreign profits when components of a patented invention are shipped overseas for assembly and use. Justice Thomas,...

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