USPTO Announces Director Review For Ex Parte Appeals

In a bulletin issued July 24, 2022, focused on Director Review of Patent Trial and Appeal Board (PTAB) decisions in AIA trials, the USPTO also announced the creation of “a new Appeals Review Panel (ARP), which may be convened by the Director sua sponte, to review PTAB ex parte, reexamination, or reissue appeal decisions,” and published a memorandum and updated internal operating procedures pertaining to ex parte appeals. The ARP and memorandum will be of interest to practitioners and stakeholders […]

By | July 10th, 2023 ||

On The Brink(er): In Appeal Of Closely-Watched Data Breach Class Certification, Eleventh Circuit Vacates In Part And Remands For Further Proceedings

The Eleventh Circuit’s recent ruling in In re Brinker Data Incident Litigation (“Brinker”) is the first time that a federal circuit court has ruled on a lower court’s grant of class certification in a data breach class action case. The Eleventh Circuit, in a 2-1 split panel decision, vacated in part the District Court’s class certification order finding that two out of three named plaintiffs did not have Article III standing. The Eleventh Circuit then remanded […]

By | July 2nd, 2023 ||

Georgia Appellate Court Says Employee Nonsolicitation Covenant Not Enforceable Without Express Geographic Limitation

In a recent decision, a Georgia appellate panel held that an employee nonsolicitation covenant that limits what parties can do following the end of a business relationship must have an explicit geographic limitation to be enforceable under state law.

Quick Hits

A panel of the Georgia Court of Appeals ruled that a restrictive covenant prohibiting former employees from soliciting or recruiting employees of their former employer was not enforceable without an explicit geographic limitation.
The […]

By | June 23rd, 2023 ||