Litigation

Federal Circuit: Falsely Claiming That a Product Feature is Patented Can Give Rise to a False Advertising Claim Under the Lanham Act Federal Circuit: A Prior Decision in an IPR Does Not Collaterally Estop the Patentee in a Subsequent Litigation Where Invalidity Must be Proven by 'Clear and Convincing Evidence'

Charges for Keys Constituted Reduction In Service

Large corporations filing for bankruptcy continue to turn to Delaware more than any other venue nationwide, according to a new report from Cornerstone Research. While Delaware has long tallied more large corporate bankruptcies than any other jurisdiction, the gap between it and the next most popular venue, the Southern District of Texas, has widened in 2024.

Holdover Tenant Liable for Breach of Covenant Landlord's Acceptance of Rent for 20 Years Waived Right to Challenge Tenancy and to Prevent Exercise of Options to Renew DHCR's Decision Destabilitzing Apartment Upheld

Scope of Easement Included Right to Install Seasonal Dock No Easement By Necessity But Questions of Fact Remained About Prescription Claim Questions of Fact Remain About Effects of Drilling On Neighboring Parcel Condominium Not Entitled To Summary Judgment On Neighbor's Claim for Negligent Maintenance of Water Main

Fraudulent Conveyance Claim Against Sponsor Avoids Dismissal Unit Owner's Appropriation of Common Area Constitutes Continuous Trespass Not Barred By Statute of Limitations

Environmental Group Had Standing to Challenge Permit Town Could Not Deny Special Permit On Ground That Unit Owner Had Failed to Show Reasonable Need for Proposed Facility

Although pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.