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Evolution of the Patent Infringement Safe Harbor Image

Evolution of the Patent Infringement Safe Harbor

Sarah A. Bennington & Anthony M. Insogna

Since its enactment in 1984, the scope of the "safe harbor" provision of the patent code has been in flux. The provision is intended to exempt from infringement certain acts related to the development of drugs and medical devices that are subject to FDA regulatory approval, to enable competitors to immediately enter the market upon patent expiration. However, the contours and boundaries of the safe harbor have been a consistent source of controversy in the courts.

Features

Vendors, Keep Your Promises Image

Vendors, Keep Your Promises

Debra Devassy Babu

A recent decision by the Minnesota Supreme Court addressed the enforceability of a provision commonly found in vendor program agreements ' that a transaction presented by the vendor to the lessor/financier is valid and enforceable.

Features

Collecting Social Security Numbers Image

Collecting Social Security Numbers

Nicole Pszczolkowski & L. Elise Dieterich

This article suggests a framework for ensuring compliance with the majority (albeit not all) of the applicable state laws and avoiding the financial, legal and reputational damage that can occur when SSNs are improperly collected, used or disclosed.

Features

Using IRA Funds to Purchase Life Insurance Image

Using IRA Funds to Purchase Life Insurance

Lawrence L. Bell

Many individuals desire to acquire insurance on their lives using funds held in a qualified retirement plan. The acquisition of insurance using funds within an IRA is beneficial since the Plan uses tax deductible dollars to acquire the insurance. Furthermore, the Plan Funds are not otherwise being directly used by qualified plan participant (Participant) for the Participant.

Features

Press Release In Video Game Litigation Not Libelous Image

Press Release In Video Game Litigation Not Libelous

Stan Soocher

The U.S. District Court for the Central District of California ruled that a plaintiffs' counsel in a video game litigation didn't libel a defendant in a statement the attorney posted on his law firm's website. Dreamstone Entertainment Ltd. v. Maysalward Inc., 2:14-cv-02063. Dreamstone entered into an agreement for Maysalward and its principal Nour Khrais to develop the mobile-device video game GHUL: 1001 Arabian Nights. But Dreamstone later sued, claiming Maysalward breached the contract and withheld financial…

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In the News Image

In the News

ALM Staff & Law Journal Newsletters

California Franchising Good-Faith Legislation Moves Forward

Features

Valuation of a Law Firm and a Law Practice Image

Valuation of a Law Firm and a Law Practice

James D. Cotterman

Lawyers leaving a law practice have an economic interest in monetizing their career-long investment in building a client portfolio and a referral network. How each lawyer has accomplished this depends on his or her particular practice, market and style. But while the means may vary, the results are the same ' access to clients who have legal needs. And this is the value the acquirers wish to capture.

Features

Protecting the IP in Social Media Image

Protecting the IP in Social Media

John M. Persinger

How much would your company pay for a "like" on Facebook?

Features

<i>Aereo</i> Analysis: What Does the U.S. Sup. Ct.'s Ruling Mean? Image

<i>Aereo</i> Analysis: What Does the U.S. Sup. Ct.'s Ruling Mean?

Mitchell Zimmerman

In June, a 6-3 majority of the U.S. Supreme Court held that Aereo's streaming service ' which allowed customers to view over-the-air TV broadcasts via the Internet ' violated the broadcasters' public performance right under the Copyright Act. Applying what the dissent derided as "an improvised standard ('looks-like-cable-TV')," the majority held that Aereo infringed copyrights owned by the television networks.

Features

Settlement Between Gaga and Manager To Stay Out of Public View Image

Settlement Between Gaga and Manager To Stay Out of Public View

Mary Pat Gallagher

Lady Gaga and her former producer, Rob Fusari, won a court order that keeps a lid on the terms of a 2010 settlement agreement between them that has become pertinent to another case now headed for trial.

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