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Features

Mixed Ruling in Jefferson Starship Band Name Suit Image

Mixed Ruling in Jefferson Starship Band Name Suit

Todd Cunningham

What's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.

Features

Selling the Value of Litigation Support Image

Selling the Value of Litigation Support

Stephen Cole

When it comes to practicing litigation, the use of technology is no longer optional. What is optional, however, is under which business model firms deliver this service to their clients, and how to determine which model balances the most value — to the client and the firm.

Features

'Standard' Terms Won't Be Read Into Dykstra Settlement With Ghost Writer Image

'Standard' Terms Won't Be Read Into Dykstra Settlement With Ghost Writer

Thomas E.L. Dewey

In a case brought against former baseball player Lenny Dykstra by a social media ghost writer, the U.S. District Court for the Southern District of New York has offered the additional lesson that a writing other than a formal settlement agreement may constitute an enforceable agreement — even if one of the parties expects that additional "standard" provisions will be added to the agreement.

Features

The Alien Tort Statute Image

The Alien Tort Statute

Lanier Saperstein & Carol Lee

The U.S. Supreme Court will soon decide the long-awaited issue of whether corporations can be liable under the Alien Tort Statute (ATS), enacted by the First Congress more than 225 years ago.

Features

Is This Really Patentable? Image

Is This Really Patentable?

Louis L. Touton, Steven J. Corr & Nickou Oskoui

<b><i>Strategies to Defend Against Patent Claims by Raising Lack of Patentable Subject Matter in District Court Litigation</b></i><p>With the Supreme Court's decision in <i>Alice</i>, parties defending against a claim of patent infringement gained a potential way to find an early resolution to patent litigation.

Features

Copyright Royalty Board Gets E-Filing System Image

Copyright Royalty Board Gets E-Filing System

Rhys Dipshan

The Library of Congress' Copyright Royalty Board, the panel of three judges who set copyright royalty rates and settle related disputes, announced the launch of an electronic filing and case management system in an effort to streamline its manual and cumbersome case management processes.

Columns & Departments

In the Courts

ljnstaff & Law Journal Newsletters

A look at a case in which the first trader charged and convicted under Dodd-Frank's anti-"spoofing" provision lost his appeal at the U.S. Court of Appeals for the Seventh Circuit.

Features

The Uses of Prior Conduct in Copyright Cases Image

The Uses of Prior Conduct in Copyright Cases

Nicholas J. Boyle & Richard A. Olderman

<b><i>The Lessons of History</b></i><p>In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation.

Features

The Interminable 'Insured vs. Insured' Battle Image

The Interminable 'Insured vs. Insured' Battle

Norman N. Kinel & Elliot M. Smith

<b><i>A New Obstacle to D&O Recoveries for Creditors</i></b><p>No matter how meritorious a claim may be, its ultimate value to creditors depends upon one thing — whether there is a viable source to satisfy any judgment obtained, since many D&Os do not have sufficient personal assets to satisfy any significant damages that may be awarded.

Features

Understanding NY's Economic Loss Rule Image

Understanding NY's Economic Loss Rule

Brian P. Heermance & Christopher P. Keenoy

New York's Economic Loss Rule is purportedly a simple common law principle. However, its evolution and application have proven to be quite the opposite. It can significantly minimize exposure in many cases, and in some instances result in the complete dismissal of a claim.

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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