America Invents Act

Marking, Joinder and Advice of Counsel with Regard to Willful Infringement

This is the third article in a series of 10 relating to the Leahy-Smith America Invents Act (AIA) of 2011. The AIA went into effect on Sept. 16, 2011, and is the first major change to United States Patent Law in more than five decades.

This article discusses some of the matters the AIA affects, namely: patent marking, joinder and advice of counsel with regard to willful infringement. Further articles will follow on a monthly basis, which will discuss other changes made to the U.S. patent system by the AIA.

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EEOC Holds That Title VII Prohibits Discrimination on the Basis of Transgender Status

Overturning the Department of Justice’s refusal to give full consideration to the EEO claim of a transgender federal employee, the Equal Employment Opportunity Commission (EEOC) held that discrimination based on gender identity, change of sex, and/or transgender status is discrimination on the basis of sex, prohibited by Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq.

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EEOC Releases Updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions

The Equal Employment Opportunity Commission (EEOC) has issued an updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII to consolidate and update prior EEOC opinions. The Guidance explains that employers who consider the criminal history of applicants and employees may face Title VII liability under one of two theories: 1) a disparate treatment claim, which asserts that the employer treated individuals with a criminal record differently based on their race or national origin; and 2) a disparate impact claim, which asserts that the application of a neutral criminal history policy disproportionately disqualified a protected group and the policy is not job-related and connected with business necessity.

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Warrenty Cost Sharing: A Framework for Resolving Disputes

The Industry Context

The burden and allocation of warranty costs has been an enormous issue within the automotive industry for as long as warranties have been offered with the purchase of a vehicle. Carmakers and suppliers have always been aligned in their wish to diminish warranty costs to improve their financial performance, and they have each sought to do so through quality programs that operate within their own organizations and that are required of their respective suppliers – to varying degrees of success.

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Intellectual Property Law - AMERICA INVENTS ACT

INCREASE OF FEES, CREATION OF "MICRO-ENTITY," ELIMINATION OF BEST MODE DEFENSE, BROADENING OF PRIOR USER DEFENSE, PROHIBITION ON TAX STRATEGY RELATED INVENTIONS AND THOSE DIRECTED TO A "HUMAN ORGANISM"

This is the second article in a series of 10 relating to the Leahy-Smith America Invents Act of 2011 (AIA). The AIA went into effect on Sept. 16, 2011, and is the first major change to United States Patent Law in over five decades.

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