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Applying Res Judicata Principles to Zoning Applications

ALM Staff & Law Journal Newsletters

In two recent cases, the Second Department has dealt with a recurring problem in zoning law: What constraint does precedent place on the decision-making authority of a zoning board of appeals? More particularly, what obligations does a zoning board of appeals (ZBA) have when a landowner applies for a variance or special permit that is substantially similar to a variance or permit the ZBA has previously denied?

Features

Matrimonial Valuation Dates

Benjamin Schub

Ask any experienced matrimonial lawyer in New York State what valuation date should be used in valuing marital property, and the answer will inevitably be the same: "active" assets and "passive" assets. A look at <i>Mahoney-Buntzman</i> and its impact on valuation.

Features

Verdicts

ALM Staff & Law Journal Newsletters

Recent important rulings of interest to your practice.

Features

Verdicts

ALM Staff & Law Journal Newsletters

Recent important rulings of interest to your practice.

Features

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

In the Courts

ALM Staff & Law Journal Newsletters

National cases of importance.

Features

Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Features

'Who's Your Daddy?'

Mary Cushing Doherty

A roundeup of recent paternity and custody cases and what they portend in current matrimonial law.

Features

Case Notes

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

The Golden Rule of Biological Inventions And the Written Description Requirement

Stefan M. Miller

In an ideal world, a business would have a patent practitioner everywhere at once: in the lab, in the office, and in the boardroom. The purpose of this article is to interpret a sphere of patent law related to the description of biological inventions in terms that are practical for researchers and business managers in the biotech industry who live in a non-ideal world.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    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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