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Litigation

  • Northern District of Texas: Even Post-Berkheimer, Patent Claims Continue to be Ineligible for Patenting as a Matter of Law When They Are Not Drawn to Particular Technical Solutions or Advances Described in the Specification Federal Circuit: The PTAB Cannot Institute Inter Partes Review on Obviousness Grounds Not Included in the IPR Petition, But Can Consider Evidence of "General Knowledge" in the Art

    March 01, 2020Jeff Ginsberg
  • A unicorn-loving tattoo artist alleges that Pixar and Disney have tricked her into letting them use her "Vanicorn" in the upcoming film Onward. Her suit accuses the companies of copyright infringement, and violations of state and federal laws protecting artwork.

    March 01, 2020Scott Graham
  • Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence

    March 01, 2020ssalkin
  • Technical Defects Do Not Invalidate Amendments to Condominium Declaration

    March 01, 2020ssalkin
  • Bankruptcy and corporate restructurings continue to be active despite generally strong U.S. financial markets and broader macroeconomic conditions. Here is a brief overview of three recent and noteworthy bankruptcy decisions within the Third Circuit.

    March 01, 2020Rachel Ehrlich Albanese and Gregory Martin Juell
  • The purpose behind rent reset clauses is simple — to capture any change in the fair market value (and fair market rental value) of the leased property. However, the application of rent reset clauses in practice is anything but simple, and the consequences of such clauses can be significant.

    February 01, 2020Peter E. Fisch and Mitchell L. Berg
  • Federal programs have made insurance more readily accessible to protect real property in the event of a flood or an act of terrorism. These programs enable flood and terrorism insurance to be widely available at realistic price points by ensuring that the amount of the premiums payable for such insurance remain at a level that a borrower can afford, which in turn preserves the underwritten economics of the loan transaction.

    February 01, 2020Jeffrey B. Steiner and Scott A Weinberg