Litigation

Highlights of the latest equipment leasing news from around the country.

In reviewing KSR Int'l v. Teleflex, Inc. (No. 04-1350), the Supreme Court is set to tackle one of the fundamental issues of patentability ' the standard for obviousness under 35 U.S.C. '103. As expected, this case has generated significant interest and numerous amicus briefs have been filed. With oral argument expected to be heard late this month, this case marks the first time in 30 years that the Court will examine this particular issue.

It is well settled that a patent or copyright licensee may not sublicense that right absent specific authorization. See, eg, Gardner v. Nike, Inc. 279 F.3d 774 (9th Cir. 2004); Unarco Industries, Inc. v. Kelley Co., 465 F.2d 1303 (7th Cir. 1972); In re Patient Education Media, Inc, 210 B.R. 237 (S.D.N.Y 1997). Trademarks are often grouped with patents and copyrights as 'intellectual property,' but fundamental differences among the genres exist. See, eg, Sony Corp of America v. University City Studios, 464 U.S. 417, 439 n.17 (1984). Do the same policies supporting the so-called 'no sublicense' rule in the patent and copyright context apply to trademarks and related publicity rights?

For all the publicity that our litigious society generates, the decision to sue or not, or even to send a so-called lawyer letter, is often agonizing for any business owners or principals.
This dilemma is particularly strong for the smaller firms that compose so much of the e-commerce sector. While the media often perceives lawyers as nothing more than 'ambulance chasers' constantly looking for personal injury lawsuits to stock their personal treasuries, most businesses should prefer to resolve disputes outside the courtroom.

Recent rulings of importance to you and your practice.

The first part of this article discussed the importance and focus of data retrieval in matrimonial actions and the parameters of data mining. The conclusion herein addresses privacy concerns, the impact of e-mail, and the costs of data retrieval.

He who acts like a father is a father ' at least legally, even if not biologically. New York's highest court, the Court of Appeals, concluded this in a recent ruling, imposing 'equitable paternity' on a man who wrongly assumed he had fathered a daughter and acted accordingly.

On March 27, 2006, the Superior Court of New Jersey, Appellate Division decided a case that may have national implications because it involved federal law. Pryce v. Scharff, 384 N.J. Super. 197, 894 A.2d 668 (2006). Although this opinion went fairly unnoticed in the matrimonial community, its impact upon current and future litigation promises to be profound. To summarize briefly, the Pryce case involved the issue of whether overdue child support judgments should be subject to post-judgment interest. After reviewing the federal and state statutes and the current New Jersey Court Rules, the Appellate Division ruled in the affirmative.