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Commentary on the latest news and developments in issues that matter to our clients.

30 June 2026

Underdeveloped Constructions: A Leg-Up for Your...

The dispute concerned the basivertebral nerve, a known source of chronic low back pain.  The nerve sits within the spongy interior of the vertebral body and close to the spinal cord; reaching it safely is difficult.  Boston Scientific’s ’166 patent claims a method for doing so: a radiofrequency probe is threaded through a straight introducer […]

 
25 June 2026

USPTO Denies Ex Parte Reexamination Based on Pr...

Ex Parte Reexamination Control No. 90/015,984, U.S. Patent No. 8,810,458 (U.S.P.T.O. May 22, 2026) The USPTO recently denied a request for ex parte reexamination (“EPR”) after concluding that the Requester, Geotab USA, Inc., was attempting to relitigate substantially the same prior art and invalidity arguments that it had previously raised in an unsuccessful inter partes […]

24 June 2026

How Internal Investigations Support a Strong Co...

Internal investigations are more than a reactive tool—they show that a company takes compliance seriously. When employees see that misconduct is investigated thoroughly and fairly, it reinforces a culture of accountability and ethical behavior. Investigations also provide valuable insights into systemic issues that may require broader remediation. A strong compliance culture depends on transparency, consistency, […]

Off The Clock Episode 111
24 June 2026

Episode 111 – Is Unlimited PTO Really Unl...

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey  dig into one of the most talked-about benefits in today’s workplace: unlimited PTO. While these policies sound appealing, and can be powerful recruiting tools, they come with legal, cultural, and compliance considerations that employers often overlook. 🔍 Tune in as we explore: The biggest FMLA risks, […]

04 June 2026

Spirits of the Cold War: America Takes Another ...

Recently, the Southern District of New York (“District Court”) denied Federal Treasury Enterprise’s (“FTE”) motion for partial summary judgment seeking to prevent (collaterally estop) Spirits International et. al (collectively, “SPI”) from re-raising issues of trademark ownership that had been decided in Dutch and Russian Courts.  Specifically, the District Court found that even if an international court is considered a “competent jurisdiction,” procedural differences […]

Off The Clock Episode 110
03 June 2026

Episode 110 – Supporting the Sandwich Gen...

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss the growing workplace challenges created by employees who are caring for aging parents, often while still raising children themselves. As the “sandwich generation” becomes more common, HR professionals are increasingly navigating complex leave requests, accommodation questions, and discrimination risks. They walk through how the FMLA, […]

28 May 2026

Equitable Estoppel Does Not Waive Privilege

In A.L.M. Holding Co. v. Zydex Industries Private Ltd., the district court refused to find waiver of attorney-client privilege that shielded pre-litigation communications with counsel even though the defendant asserted a defense that relied on its pre-litigation knowledge and where the communications with counsel might contradict its position regarding its pre-litigation knowledge. In September 2017, […]

Off The Clock, Ep 109
20 May 2026

Episode 109 – Termination Meetings: Reduc...

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey walk HR professionals and managers through how to conduct a termination meeting the right way. Termination meetings are one of the most difficult and legally sensitive moments in the employment relationship, and thoughtful preparation can reduce risk while preserving employee dignity. You can also listen to […]

18 May 2026

Federal Circuit Holds Different Claim Boundarie...

Vascular Solutions LLC et al. v. Medtronic Inc. et al., No. 2024-1398 (Fed. Cir. Sept. 16, 2024); No. 0:19-cv-01760 (D. Minn.) A long-running patent dispute between Teleflex and Medtronic recently ended by settlement after a remand that was unusual even for seasoned patent litigators. Teleflex accused Medtronic’s Telescope guide-extension catheter of infringing a family of […]