Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss the most important legal training topics every supervisor should understand. Supervisors are often the first to hear about workplace complaints, medical issues, attendance concerns, and performance problems. That means their response can become the company’s response under the law. Rebecca and Sarah explain why supervisor […]

Applications in Internet Time, LLC v. Salesforce, Inc., No. 25-2026 (Fed. Cir. March 16, 2026) After years of litigation, the Federal Circuit dismissed a patent infringement lawsuit because the plaintiff couldn’t prove it owned the patents at the time it filed the suit.  The decision in AIT v. Salesforce emphasizes these lessons: The precise wording […]

In Implicit v. Sonos, the Federal Circuit affirmed the PTAB’s refusal to let Implicit use post-decision certificates of correction to introduce a new antedating theory in inter partes review. Implicit owned two related patents that originally named two individuals as the sole inventors. After Sonos filed IPRs to challenge the patents, Implicit argued that those […]

When a company is under regulatory scrutiny, communication is crucial. Regulators expect transparency, cooperation, and timely updates—but over-disclosure or premature conclusions can backfire. Striking the right balance requires a clear understanding of the investigation’s scope, progress, and legal implications. Effective communication starts with a plan. A company should balance the need for a complete and […]

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss the EEOC’s recent decision to rescind its 2024 harassment guidance. They break down what this decision means (and does not mean) for employers. The 2024 guidance generated significant discussion, particularly around: Pronoun usage and hostile work environment claims Bathroom access and gender identity protections Conflicts […]

Exafer, Ltd. v. Microsoft Corp., No. 24-2296 (Fed. Cir. Mar. 6, 2026) In Exafer Ltd. v. Microsoft Corp., the Federal Circuit vacated a district court’s exclusion of expert damages testimony and clarified the proper reach of its 2018 decision in Enplas Display Device Corp. v. Seoul Semiconductor Co. which was understood to stand for the proposition that […]

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey break down two new US Department of Labor opinion letters addressing key areas of the Fair Labor Standards Act (FLSA): employee classification and overtime rate calculations. These letters don’t change the law, but they highlight areas where many employers are still getting it wrong. 🔍 Tune […]

REGENXBIO v. Trustees of UPenn, No. 2024-1408 (Fed. Cir. February 20, 2026) Generally, someone may receive a patent for any new and useful process, machine, manufacture, or composition of matter.  However, for over 75 years, courts have made a judicial exception to this rule prohibiting patents from covering natural phenomena.  While it is well-known that patents cannot cover natural phenomena, courts often struggle to determine whether natural phenomena that have […]

Range of Motion Products, LLC v. Armaid Co. Inc., 2026 WL 261890 (Fed. Cir. Feb. 2, 2026) On February 2, 2026, the Federal Circuit affirmed summary judgment of non-infringement in Range of Motion Products, LLC v. Armaid Company Inc., holding that Armaid’s massage device did not infringe Range of Motion’s (RoM) design patent. The two […]

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey walk through everything HR needs to know when you get a request for an employee’s personnel file — whether it’s from the employee, a former employee, or their lawyer. 🔍 Tune in as we explore what Michigan’s Bullard-Plawecki Right to Know Act requires, and offer strategic […]