Features
Matthew W. Siegal
&
Kevin C. Ecker
In <i>Quanta Computer</i>, many observers believed that the Court would address whether, and to what extent, a party can contractually restrict application of the patent exhaustion doctrine, under which patent rights covering a product are extinguished when the product is sold without restriction. Instead, the Court's decision in <i>Quanta</i> appears to be relatively narrow, confirming that the sale of unpatented components can exhaust a system patent that is substantially, but not completely, embodied by those components, but leaving open the broader question of whether parties can contractually limit application of the patent exhaustion doctrine to the detriment of downstream good faith purchasers.
Features
ALM Staff
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Law Journal Newsletters
Medical Services Must Be Legally Rendered to Qualify for Payment
Features
Alexander G. Tuneski
Recent rulings of interest to you and your practice.
Features
Marialuisa S. Gallozzi
&
Kimberly A. Strosnider
A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
Features
Bob Alpert
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Jeff Douglass
This article examines potential conflicts of interest between an insurer and its insured and the extent of an insured's right to its own independent counsel in such circumstances. This article also discusses other situations that may raise conflicts of interest between an insurer and an insured sufficient to trigger a right to independent counsel. Finally, it considers whether the insurer or the insured has the right to select that counsel.
Features
ALM Staff
&
Law Journal Newsletters
Highlights of the latest equipment leasing news from around the country.
Features
Deborah L. Thorne
Although credit applications assist lessors in making these credit decisions, the lessor should make sure that it avoids the pitfalls of the Equal Credit Opportunity Act ('ECOA') and that the financial information it obtains through the credit application is stored appropriately to avoid liability under various state laws regulating the storage of private financial information. This article discusses the components of a good credit application, the requirements of the ECOA, and the best practices for storing private financial information.
Features
Ellen Friedman, David Graybeal
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William O'Brien
For traditional institutional equity investors in leveraged and single-investor equipment lease transactions, solar equipment may offer an attractive investment opportunity. Leasing solar equipment may also provide an attractive investment structure for traditional investors in power projects looking to expand investments in renewable energy projects.
Features
ALM Staff
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Law Journal Newsletters
Franchisees complain about the imbalance of power between themselves and franchisors, especially when franchisor-franchisee relationships go awry. The Web has changed that dynamic significantly by giving franchisees an easy way to voice their complaints widely and anonymously. Sean Kelly is providing one of the most popular forums for franchisees to vent about franchisors ' whether fairly or unfairly. A 20-year veteran of the franchising industry who participated in the startup of more than 100 franchises concepts, Kelly started a series of franchise-related blogs in November 2006 that have quickly become must-reads for franchisors, franchisees, franchise counsel, and consumers.
Features
ALM Staff
&
Law Journal Newsletters
Highlights of the latest commercial leasing cases from around the country.
