Litigation

  • Supreme Court Revisits Test for Deciding Obviousness

    The U.S. Supreme Court has recently shown an interest in intellectual property in general and patents in particular. Most prominent among the recent cases is KSR International Co. v. Teleflex Inc., which presents perhaps the most difficult question in substantive patent law: When is the subject of a patent application a true 'invention' ' that is, something that promotes the progress of a useful art sufficient to warrant giving the applicant exclusive rights to the technology claimed for the next 20 years. Conversely, when is the invention 'obvious' ' merely taking a step that anyone of ordinary skill would take, confronted with the same problem and possessing all the knowledge already known to the field?

    January 31, 2007Elizabeth Rader and Thomas Goldstein

  • Litigation: Paternity and Child Support

    Putative father could obtain relief under state statute that granted a substantive, not procedural, right to address potential injustice. The State Ex rel. Loyd, v. Lovelady, 108 Ohio St.3d 86 (Ohio 2006).

    January 31, 2007ALM Staff | Law Journal Newsletters |

  • Survey Data: What They Tell Us; What They Don't

    We can think of no form of information that cannot be misused ' either deliberately by the manipulative, or inadvertently by the inept. Survey data are no exception. As psychologists, it is with some reluctance that we offer commentary on the relative merits of different standards for the admissibility of expert testimony, but our experiences in different states have heightened our awareness of how different standards affect the admissibility of testimony offered by psychologists in child custody litigation.

    January 31, 2007David A. Martindale, and James N. Bow

  • Hague International Child Abduction Cases

    A major debate is under way as to the future of the 'grave risk of harm defense' in Hague Convention international child abduction cases. The move is spearheaded by those who believe that the Hague Convention discriminates against expatriate mothers who are victims of domestic violence and who return to their countries of origin with their children.

    January 31, 2007Jeremy D. Morley

  • Bit Parts

    Composition Creation/Statute of Frauds
    Concert Venues/Charitable Immunity Statutes
    Copyright Infringement/Co-Authorship Bar
    Copyright Infringement/Co-Authorship Claim
    Copyright Infringement/No Issue of Material Fact
    Rescission Claims/Copyright Pre-emption

    January 31, 2007Stan Soocher

  • Courthouse Steps

    Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.

    January 31, 2007ALM Staff | Law Journal Newsletters |

  • Clause & Effect

    Net-Profit Rights/Movies Based on TV Shows
    Insurance/Contract-Breach Exclusion
    Insurance/Copyright-Infringement Coverage

    January 31, 2007ALM Staff | Law Journal Newsletters |

  • Verdicts

    Recent rulings of importance to your practice.

    January 31, 2007ALM Staff | Law Journal Newsletters |

  • Independent Corporate Investigations

    In this age of regulatory and prosecutorial focus on corporate compliance, companies increasingly are relying on special outside counsel to conduct internal investigations into potential wrongdoing. Sometimes, these investigations are prophylactic: A company may want to understand the consequences of its current hiring practices so it can develop standard operating procedures to better ensure compliance with anti-discrimination laws. Because this sort of proactive, self-reflective investigation generally proceeds without outside scrutiny, counsel has the time and space to conduct a deliberate investigation.

    January 31, 2007Marjorie J. Peerce and Peggy M. Cross

  • Your Best Worker Can Become Your Worst Nightmare

    Although difficult to imagine, your best worker may hold the key to your company's worst security nightmare. Technologically armed employees who routinely use BlackBerry devices, personal digital assistants, laptops, and tiny flash drives to transport critical information to and from the office can wreak havoc on a corporation '' with no intention to do so.

    January 31, 2007David C. Henderson and Matthew E. Feiner