Publications

Handbooks after Boeing–Reasonableness in the NLRB?

By: James M. Kalny Regardless of whether a company is unionized it is subject to Section 7 of the National Labor Relations Act (the “Act”) which guarantees employees the right: to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted...

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More Pitfalls for the Unaware Patent Litigator – Early and Clear Notice of Patent Invalidity Needed in Order to Obtain Attorney’s Fees

By: Davis|Kuelthau's Intellectual Property Team Hot on the heels of the Court of Appeals for the Federal Circuit (CAFC) ruling that patent trial discovery conduct can result in the invalidating an otherwise valid patent (Regeneron Pharmaceuticals, Inc. v. Merus N.V. (Fed. Cir. 2017)), the CAFC held on June 11, 2018 that a failure of one party to...

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Wisconsin Supreme Court Holds That Wisconsin Fair Employment Act Requires Proof That Employer Intended to Discriminate Because of Disability

Wisconsin Supreme Court Holds That Wisconsin Fair Employment Act Requires Proof That Employer Intended to Discriminate Because of Disability

By Dillon J. Ambrose & Laurie E. Meyer In Wisconsin Bell v. Labor and Industry Review Commission, et al., decided on June 26, 2018, the Wisconsin Supreme Court made substantial changes to the burden of proving employment discrimination under the Wisconsin Fair Employment Act (“WFEA”). In doing so, the Court departed from a long line of cases...

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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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Wisconsin Supreme Court Case Highlights Need for Clarity in Restrictive Covenants

Wisconsin Supreme Court Case Highlights Need for Clarity in Restrictive Covenants

A recent decision by the Supreme Court of Wisconsin highlights the need for developers and property owners to be clear and precise in drafting restrictive covenants. Richard Forshee v. Lee Neuschwander, Docket Number 2016AP1608, illustrates that even the state’s highest court can have difficulty in understanding and applying owner intent. The...

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Administrative Agency Deference No More

Administrative Agency Deference No More

By: Dillon J. Ambrose In Tetra Tech EC, Inc. v. Wisconsin Department of Revenue, decided this last week, the Wisconsin Supreme Court changed the entire landscape of administrative law in the State of Wisconsin. If your business or municipality deals with administrative regulations—and it most assuredly does—be aware that the law now allows...

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10 Millionth U.S. Patent Milestone Illustrates Increasing Competition in Innovation

10 Millionth U.S. Patent Milestone Illustrates Increasing Competition in Innovation

The United States Patent and Trademark Office (“USPTO”) experienced a historic moment yesterday – its 10 millionth patent was issued to Raytheon Co, a major U.S. defense contractor. While it is clear from this landmark moment that there has been an explosion of activity regarding patent application filings in the United States, what does that...

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