Features

USPTO Continues to Demand Attorneys' Fees for District Court Appeals
Starting in 2013, the USPTO has been requesting reimbursement for the time spent by its attorneys and paralegals on district court challenges to PTAB and TTAB decisions.
Features

Cross-Border Litigation
<b><I>The Devil in the Details</I></b><p>Globalization has created new challenges for companies threatened by, or embroiled in, cross-border litigation. Assets and evidence, in the form of witnesses and documents, may be spread across multiple countries and legal systems. Judicial attitudes and procedures in these systems can vary as much as national political relations.
Features

Defamation and the Disgruntled Defendant
<b><I>Part One of a Two-Part Article </I></b><p>it is no wonder that those who find themselves on the receiving end of a product liability lawsuit and its attendant bad publicity sometimes fight back. So it was in a recent case, in which a company, publicly accused by a plaintiff's lawyers of using non–FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys.
Features

Expanding the Scope of Good Guy Guarantees in NY
Good Guy Guarantees are intended to protect landlords against defaulting and insolvent commercial tenants. However,iIn <I>Bri Jen Realty Corp. v. Altman</I>, New York's Second Appellate Department construed a Good Guy Guarantee to hold a guarantor liable for rent for 11 months after the tenant surrendered the premises.
Features

NY 'Facebook' Decision Leaves Many Questions Open
In a newsworthy case in which retail giant Amazon and social media developer Foursquare Labs, among others, submitted friend of the court briefs, the New York Court of Appeals affirmed decisions which denied Facebook's motion to quash warrants issued to it by the Manhattan District Attorney's Office and denied Facebook's motion to compel disclosure of the district attorney's supporting affidavit to its warrant application.
Landlord & Tenant
In-depth analysis of a case involving a landlord's consolidated holdover proceedings against a charitable institution leasing four residential apartments.
Features

What 'Originalist' Viewpoints May Mean for Patent Law
The landscape for patent law has changed more quickly over the last five years than it had in preceding decades. Recent cases have profoundly changed the way courts and the USPTO treat patents and patent applications. The U.S. Supreme Court will have ample opportunity, if it chooses, to revisit the issues that have been raised by these cases over the next few terms.
Columns & Departments
Med Mal News
A look at the Fairness in Class Action Litigation Act of 2017.
Columns & Departments
IP News
District Court's Decision Retroactively Excusing Failure to Mark Patented Products Vacated By Federal Circuit<br>Federal Circuit Affirms PTAB's Unpatentability Findings Made In an IPR Proceeding Despite Prior Judicial Opinions Upholding Validity
Columns & Departments
Case Notes
In-depth analysis of two cases of interest.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Do FL and CA Talent Agency Law Cover Social Media Influencers and Esports Talent?If the definition for "artist" under Florida's Talent Agencies Act applies to influencers and esports players, then likely a lot of unlicensed representatives are in violation of the state's statute — and the penalties are pretty serious.Read More ›
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›