Litigation

Strategies to Defend Against Patent Claims by Raising Lack of Patentable Subject Matter in District Court Litigation

With the Supreme Court's decision in Alice, parties defending against a claim of patent infringement gained a potential way to find an early resolution to patent litigation.

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.

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.

The Lessons of History

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.

A New Obstacle to D&O Recoveries for Creditors

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.

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.

Discussion of a pelvic mesh verdict.

Boots Litigation Involving John Wayne's Persona To Be Heard in California, Instead of Texas
Distinguishing Between Burden of Proof for California Statutory and Common Law "Likeness" Violation Claims
Interpreting Jury Verdict in Quincy Jones' Music Royalty Case