News

Narrow Claim Construction Is Out of Sync with Broad Intrinsic Evidence

By EsqSocial Corporation 05/09/19

Addressing the proper construction for two claim terms construed by the Patent Trial and Appeal Board (PTAB) as part of related inter partes review (IPR) proceedings, the US Court of Appeals for the Federal Circuit affirmed the PTAB’s decision...

A Quick Study in Doxing and Personal Jurisdiction: Vangheluwe v. GotNews

By EsqSocial Corporation 05/09/19

In the digital age, the internet not infrequently stretches the bounds of traditional jurisprudence and raises tricky new questions. An example from earlier this year is Vangheluwe v. GotNews, LLC, where a federal court in Michigan grappled with this...

SEC Guidance for Proxy Advisors and Investment Advisers: Phase One of a Broader SEC Proxy Reform Initiative

By EsqSocial Corporation 05/09/19

On August 21, 2019, a divided Securities and Exchange Commission voted to approve the issuance of two releases that provide: (1) an interpretation and related guidance under existing federal proxy rules, adopted by the SEC under Section 14 of the...

Do You Have Independent Contractors in California?

By EsqSocial Corporation 05/09/19

If so, you should be on alert about California Assembly Bill 5 (AB5), a bill based on the California Supreme Court’s decision in Dynamex v. Superior Court. If it becomes law, AB5 will have wide-ranging repercussions for companies that rely on...

California, Cannabis, and Data Privacy

By EsqSocial Corporation 05/09/19

California is the largest cannabis market in the United States and it is soon to be the first state in the country with a comprehensive data privacy regime designed to protect consumers’ personal information. The California Consumer Privacy Act...

OCIE Issues Risk Alert Relating to Investment Adviser Oversight of Supervised Persons with Disciplinary Histories

By EsqSocial Corporation 05/09/19

On July 23, 2019, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a risk alert outlining its observations and recommendations following an examination initiative that focused on oversight practices at registered investment...

Doctrine of Equivalents – It’s Over Before It Begins

By EsqSocial Corporation 05/09/19

The US Court of Appeals for the Federal Circuit affirmed a dismissal based on the defendant’s failure to state a claim motion, concluding that under principles of prosecution history estoppel, the patent owner could not establish infringement under...

Judgment Entered Against Westinghouse For Willful Patent Infringement

By EsqSocial Corporation 05/09/19

Earlier this year, a federal jury in Delaware found that Westinghouse Air Brake d/b/a Wabtec infringed eight patents owned by Siemens Mobility, including finding willful infringement as to two of the patents. The asserted patents all relate to...

UK Conduct Regulator Sets Out Approach for Annual Remuneration Round

By EsqSocial Corporation 05/09/19

The U.K. Financial Conduct Authority has published a letter (dated August 19, 2019) addressed to the chairpersons of the remuneration committees of the boards of banks and large investment firms (investment firms with total assets over £50 billion)....

Small Business Reorganization Act of 2019

By EsqSocial Corporation 05/09/19

In the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“2005 Act”), Congress amended the Bankruptcy Code and Title 28 of the U.S. Code to provide special rules and procedures for “small business debtors.” The small business...

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