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IP News

Jeffrey S. Ginsberg & Abhishek Bapna

Federal Circuit Remands for Further Proceedings to Determine Whether RPX's Petitions for IPR Were Time Barred For Failing to Identify Its Client As a 'Real Party in Interest'<br>Federal Circuit Holds that Common Law Tribal Sovereign Immunity Cannot Shield a Patent in IPR Proceedings,br&gt;Federal Circuit Holds that an Unsuccessful IPR Petitioner Must Show 'Concrete Plans' for Future Potentially-Infringing Activity in Order to Demonstrate Article III Standing to Appeal PTAB's IPR Decision

Features

<i>Altman</i>: Six Takeaways Image

<i>Altman</i>: Six Takeaways

Jeffrey Turkel

On April 26, 2018, a unanimous Court of Appeals held that apartments vacated between 1997 and 2011 will be considered luxury deregulated where the legal regulated rent was $2,000 or more at the time the incoming tenant moved in. The court reversed the First Department, which had held that such apartments would not be deregulated unless the rent was $2,000 or more at the time the outgoing tenant vacated.

Columns & Departments

Landlord & Tenant

ssalkin

Unique Circumstances Require Rent Recomputation<br>City Human Rights Law Requires Landlord to Convert Window Into Wheelchair Accessible Entrance<br>“As Is” Clause Does Not Bar Claim That Landlord Intentionally Caused Defective Conditions

Columns & Departments

Development

ssalkin

LPC's Denial of Hardship Application Upheld<br>Developer's Failure to Obtain Final Decision Deprives Federal Court of Subject Matter Jurisdiction<br>Spot Zoning and SEQRA Challenges Rejected

Columns & Departments

Cooperatives & Condominiums

ssalkin

Purchaser Adequately Alleged Concealment of Defects<br>Space Allocation Cannot Be Changed Without Unanimous Vote; Unjust Enrichment Claim Survives

Columns & Departments

Real Property Law

ssalkin

No Easement Created<r>Grant Created Valid and Alienable Possibility of Reverter<br>Contract Vendee Entitled to Specific Performance<br>Questions of Fact About Scope of Mortgage

Features

How Disney Qualified for Design Patent for Marvel's Captain America Shield Image

How Disney Qualified for Design Patent for Marvel's Captain America Shield

Lawrence E. Ashery

Fans of movies about fictional superheroes are probably familiar with Captain America and his miraculous shield. Recently, however, his shield showed up in a most unlikely place: the U.S. Patent and Trademark Office (USPTO).

Features

Protecting Privilege Before and After a Cyber Breach Image

Protecting Privilege Before and After a Cyber Breach

Robert W. Anderson & Eric B. Levine

Critical to any counsel working to prevent a cyber attack or respond to a successful cyber intrusion is an understanding of why and how to properly utilize both attorney-client and work-product privilege.

Features

Counsel Concerns: Lawyer Ethics Rule In Play in Suit By Business Manager Against Rap Artist Image

Counsel Concerns: Lawyer Ethics Rule In Play in Suit By Business Manager Against Rap Artist

Stan Soocher

The U.S. District Court for the Western District of North Carolina dismissed a conversion counterclaim by rapper Chingy against his former business manager Leslie King, who is a lawyer, on the ground that the artist hadn't established that a royalty purchase agreement he signed with the lawyer was void for allegedly violating the state's attorney ethics rule. However, the district court allowed the artist to pursue the ethics rule as an affirmative defense in the underlying lawsuit the attorney's music company has filed against Chingy.

Features

'Surrealistic' Suit Against Museum over Dalí Persona Image

'Surrealistic' Suit Against Museum over Dalí Persona

Scott Graham

The Spanish foundation that administers the intellectual property rights of famed surrealist Salvador Dalí is suing a Monterey, CA, museum that displays a permanent Dalí exhibition and uses the artist's name and likeness to promote it.

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