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Commercial Law

  • The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.

    November 30, 2014Veronica Mullally Munoz and Andrew J. Cochran
  • Licensor Lacks Standing to Sue Where No Rights in Patent Were Retained

    November 30, 2014Howard J. Shire and Wyatt Delfino
  • Information governance (IG) is how organizations tackle growing data volumes ' identifying what's important, what isn't, and what to do with it all.

    November 30, 2014Rene Laurens
  • In today's digital era where consumers rely heavily on social media for news and entertainment, it has become increasingly common for entertainment companies to join the conversation on popular platforms such as Twitter, Facebook and Instagram. Marketers have found that authentic and meaningful engagement with consumers on Twitter can have a lasting impact.

    November 30, 2014Jesse M. Brody and Suemyra A. Shah
  • A Philadelphia-based litigation funding company is suing a California law firm and its client over the alleged failure to repay funds loaned to help support the client during his copyright suit against musical artist Usher and various record labels.

    November 30, 2014Gina Passarella
  • Movement among franchise attorneys and executives.

    November 02, 2014ALM Staff | Law Journal Newsletters |
  • Buying a franchise can be a great path to business ownership for your clients. Unlike starting a business from scratch, they will be able to leverage the benefits of an established brand and a proven operating plan. But how to decide which franchise to buy?

    November 02, 2014Bob House
  • Cartoon Network Mobile App Users Android ID Isn't "Personally Identifiable Information" under the Video Privacy Protection Act
    Court Says Republication Rule Alive in Tennessee But Dismisses Defamation Claims by Disqualified American Idol Finalist
    Toto Denied 50% Royalty for Digital Download Sales

    November 02, 2014Stan Soocher
  • Copyright trolls are in the business of acquiring the right to bring lawsuits against alleged infringers and threatening to file copyright infringement claims in order to induce rapid settlements against large groups of defendants.

    November 02, 2014Jonathan Bick
  • On Aug. 20, 2014, summary judgment was granted to the plaintiff insurance company, upholding its denial of coverage to indemnify judgments in two trademark counterfeiting cases. United States Fidelity & Guarantee v. Ashley Reed Trading. The opinion provides insight to trademark practitioners about insurance coverage and provides information about strategies for trademark owners' enforcement efforts.

    November 02, 2014Milton Springut