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Expanding Defenses To Inducing Infringement Image

Expanding Defenses To Inducing Infringement

Brian Mudge & Ksenia Takhistova

On Oct. 25, 2013, the Federal Circuit, by a vote of six-to-five, denied rehearing <i>en banc</i> in <i>Commil USA, LLC v. Cisco Sys., Inc.,</i> (<i>Commil II</i>). That decision left intact the panel's holding, in a case of first impression, that an alleged indirect infringer's "good-faith belief of invalidity may negate the requisite intent for induced infringement."

Features

DJ Dropped from Dispute Over Use of Beastie Boys Music Image

DJ Dropped from Dispute Over Use of Beastie Boys Music

Jan Wolfe

After the Beastie Boys sued over the unlicensed use of several of the rap group's tracks in a remix on the soundtrack to a promotional video, defendant energy-drink maker Monster Energy Co. tried to shift the blame onto an unsuspecting disc jockey. That tactic didn't sit well with Southern District Judge Paul Engelmayer, who dismissed the DJ from the litigation.

Features

SEC Proposes Much-Anticipated Crowdfunding Rules Image

SEC Proposes Much-Anticipated Crowdfunding Rules

Katayun I. Jaffari & Jill M. Stadelman

On Oct. 23, the SEC finally proposed rules to implement the crowdfunding provisions of the Jumpstart Our Business Startups Act of 2012.

Columns & Departments

Upcoming Events Image

Upcoming Events

ALM Staff & Law Journal Newsletters

Annual Entertainment Law in Review<br>Copyright Year in Review

Columns & Departments

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Movement among franchise professionals.

Features

What's New in the Law Image

What's New in the Law

Robert W. Ihne

A roundup of pertinent rulings from all over the country.

Features

Intercreditor Agreements Image

Intercreditor Agreements

Brad Nielsen & Sean Gillen

This is the second article in a series covering various aspects of intercreditor agreements.

Features

Software Maker Files Appeal in Batman Film Trademark Suit Image

Software Maker Files Appeal in Batman Film Trademark Suit

Amanda Bronstad

Software company Fortres Grand is pressing to revive its trademark infringement claims against Warner Bros. Entertainment Inc. for using the name of the real-life "Clean Slate" computer program in the Batman movie <i>The Dark Knight Rises</i> .

Columns & Departments

Cameo Clips Image

Cameo Clips

Stan Soocher

Maryland Federal Court Issues Ruling in Dispute over Boxer Roberto Duran's Life Story<br>New York Federal Court Refuses to Apply First-Filed Exception to Dispute Over "Bette Davis Eyes" Jewelry

Features

It's a Licensee Eats Licensee World Image

It's a Licensee Eats Licensee World

Scott J. Slavick

These days, it is commonplace for companies to license multiple parties in various distinct geographical areas to use the same trademark. Because different licensees may be competitors of one another in different product lines, the question often arises as to whether one licensee may challenge another's right to use a licensed mark and, if so, where.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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