Litigation

  • Online Exclusive: A Big Day for Bilski and Warsaw

    As the prognostications of potential outcomes for this case continue over the next several months, it may be wise to recognize that regardless of the outcome, there will always be some degree of uncertainty regarding the limits of patent eligibility. Consequently, the best corporate patent strategies should address and accommodate those uncertainties. While this article describes some of those possible strategies and perspectives, it is far from exhaustive and obviously does not necessarily represent the opinions of its author, his firm, or its clients.

    December 01, 2009ALM Staff | Law Journal Newsletters |

  • Lucent v. Gateway

    On Sept. 11, 2009, the U.S. Court of Appeals for the Federal Court issued an opinion in the case of Lucent Technologies Inc. et al. v. Gateway Inc. et al. In its ruling, the CAFC found that "the damages evidence of record was neither very powerful, nor presented very well by either party" and that the plaintiff's damages calculation "lacked sufficient evidentiary support." The CAFC therefore vacated the district court's award and remanded the case for a new trial on damages.

    November 30, 2009Michael K. Milani and Eric Carnick

  • In Re BilskiM: Patent Eligibility of Business Methods Under 35 U.S.C. ' 101

    On Nov. 9, 2009, the Supreme Court heard oral argument in In re Bilski ' a case that will likely impact whether business methods are eligible for patent protection under 35 U.S.C. ' 101. To date, the Supreme Court has held that abstract ideas, natural phenomena, and laws of nature are not patent eligible, but has yet to apply that holding to a business method.

    November 30, 2009Julia S. Kim

  • News Briefs

    Highlights of the latest franchising news from around the country.

    November 30, 2009ALM Staff | Law Journal Newsletters |

  • Court Watch

    Highlights of the latest franchising cases from around the country.

    November 30, 2009Cynthia M. Klaus and Meredith A. Bauer

  • Advance Conflict Waivers

    Let me try to explain the rules governing Advance Conflict Waivers by asking, and then answering, five questions.

    November 30, 2009Richard M. Zielinski

  • Bit Parts

    Copyright Infringement Claim Doesn't Extend to Foreign Release of Song
    Record Label Denied Request to Block Use of Band Name in Live Performances
    U.S. Court Lacks Jurisdiction to Decide Copyright Claim over European Distribution of Sheet Music

    November 25, 2009Stan Soocher

  • Cameo Clips

    COPYRIGHT TRANSFER/RETAINED RIGHT TO SUE
    PERSONA USE DISPUTE/MOTION TO INTERVENE
    SONG INFRINGEMENT/FAIR USE DEFENSE

    November 25, 2009Stan Soocher

  • Counsel Update in Destiny's Child Song Litigation

    Singer-actress-celebrity Beyonc' and her father-manager Mathew Knowles have parted ways ' at least in their choice of lawyers ' in defending a copyright case set for trial in Chicago.

    November 25, 2009Lynne Marek