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Federal Circuit Rejects Theory of Infringement Based on Oversimplified Claim Interpretation and Finds That the ITC Correctly Required Proof of Substantial Non-infringing Use Based on Real-World Evidence
On May 28, 2021, a Federal Circuit panel consisting of Judges Newman, Lourie and Dyk issued a unanimous opinion, authored by Judge Lourie, in Bio-Rad Labs., Inc. v. ITC, Case Nos. 2020-1475 and 2020-1605. Bio-Rad appealed from a United States International Trade Commission's (ITC) determination of non-infringement with respect to certain devices imported by 10X Genomics (10X). 10X appealed from the ITC's determination of infringement with respect to certain other devices. Because the ITC's opinion is free from alleged legal errors and its underlying factual findings are supported by substantial evidence, the panel affirmed. Slip Op. at 29.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.