Faruki Blog

The Unfairness Doctrine: What Remains of Assignor Estoppel in Patent Cases After Minerva Surgical?

In Minerva Surgical v. Hologic, No. 21-440, slip op. (Fed. Cir. June 29, 2021), the Supreme Court affirmed the existence of the defense of "assignor.. Read More

Running an Advertising Campaign and Promoting a Business Online

In 2020, over two billion people purchased goods and services online. This growth in online sales – which spiked during the pandemic – is expected to.. Read More

Fixing a Hole in the PTAB:  A Divided Supreme Court Revises an Unconstitutional Process for Challenging Patents

In a case that was closely watched by the patent bar, United States v. Arthrex, Inc., the Supreme Court ruled on June 21st of this year that the.. Read More

Constitutional Standing and Statutory Injury:  The Sixth Circuit Weighs in on the "Concrete Injury" Requirement under Spokeo

The "well-worn yet enduring standards" of Article III standing – constitutionally required to bring a case in federal court -- are (1) the plaintiff.. Read More

Faruki+ celebrates Pride Month with the LGBTQ+ community -- EEOC Releases Resources Aimed at Educating about Rights of Workers to be Free from Sexual Orientation and Gender Identity Discrimination

On June 15, 2021, the U.S. Equal Employment Opportunity Commission ("EEOC") celebrated the one-year anniversary of the landmark U.S. Supreme Court.. Read More

Still Standing: The Supreme Court Dismisses an Affordable Care Act Challenge on Standing Grounds

On June 17, 2021, the Supreme Court, in California, et al. v. Texas, et al., ruled on the third attempt to dismantle the Affordable Care Act ("ACA")... Read More

The Broader View of § 1447: The Court takes a More Expansive View of What Can Be Reviewed on An Appeal of a Remand Order

On May 17, 2021, the Court handed down a decision that will allow the federal circuit courts to review a wider array of issues in remand orders.  In .. Read More

Ohio House Bill 248 Allows Employees and Individuals to Avoid Vaccine Mandates

Some private employers in Ohio have been implementing a vaccine mandate or strongly encouraging their employees to receive the vaccine in hopes to.. Read More

Preliminary Injunctions in Recent Ohio Non-Compete Cases

Non-compete agreements are a powerful tool for businesses to protect their interests when employment relationships end. Although their treatment.. Read More

UPDATE:  The Supreme Court of Ohio to Weigh in on COVID-19 Business Insurance Litigation

In a recent blog post, I discussed how Ohio's federal courts reached opposite conclusions on whether COVID-19 can cause a direct, physical loss under.. Read More
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