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Columns & Departments
Inconsistent Testimony Made Plaintiff Not Typical off Proposed Class <br>Franchisor Sanctioned For Failing to Prepare Its Representative for Corporate Deposition<br>Federal Court Enforces Franchisee Post-Termination Obligations
Features
Bona fide intent was given new meaning by the TTAB. <i>Lincoln National Corporation v. Anderson,</i> exemplifies an apparent trend of the TTAB requiring greater proof of an applicant's "intent" as a jurisdictional prerequisite for filing an application or face a finding that the application is void <i>ab initio.</i> This is the paradigm of the "ticking time bomb" trademark nightmare with a very long fuse.
Features
How can organizations eliminate the chaos and risks in preservation for e-discovery? Technology and process can make a big difference, especially when simplifying and streamlining the entire legal hold process, from issuance to release. This article explores some of the key considerations for applying technology to defensibly eliminate the chaos often encountered during preservation.
Features
Oracle Corp. may have won half of its battle with SAP AG at the Ninth Circuit on May 13 as a three-judge panel seemed to agree the company can pursue hypothetical license damages for copyright infringement, even though Oracle has no track record of actually licensing its software to competitors.
Features
The ACA is not the only health care challenge facing employers. Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict. These changes may result in an increased number of workers' compensation and Americans with Disabilities Act (ADA) discrimination claims, but hopefully, they will also result in a greater emphasis placed upon prevention and treatment.
Features
In the last decade, the ITC has been an increasingly popular forum for litigating IP rights, largely because it offers a quick and forceful remedy in the form of an exclusion order, which can exclude infringing products from the U.S. market. In recent months, several important decisions have caused some to question the continuing vitality of the ITC as forum.
Columns & Departments
Federal Circuit: Only Patent Owner May Appeal a PTAB Reexamination Decision <br>Federal Circuit: Clones Not Patentable Subject Matter<br>Federal Circuit: PTO's Decision Not to Initiate <i>Inter Partes</i> Review Is Not Appealable
Features
Policing and enforcing trademark rights in social media requires a brand owner to reexamine some of the basic premises about infringement. It is black letter law that trademark maintenance requires a trademark owner to maintain control over the quality of the goods and services associated with its mark. In the infringement context, this has generally been interpreted as an obligation to prevent any uses that are inconsistent with the brand's image. However, social media has altered this fundamental assumption.
Features
Search-engine results have become the lodestar of the Web for most users. Whether the user constructs a narrowly-tailored query designed to exclude inapplicable results, or a broad search designed as an introduction to a given topic, the algorithmic apparatus fueling search engines will usually produce pertinent information. As a matter of fact, this article on search results was in part fueled by using results acquired from a search engine.
Features
Whether designing and constructing a new retail center, a tenant finish-out or a renovation project, retail real estate developers, property managers and tenants interact with construction contracts, contractors, architects and other construction industry professionals on a regular basis. Those interactions may include lengthy, sophisticated contracts, very basic contracts or no written contract at all. This article addresses some of these common issues from the perspective of protecting the owner of the project.