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IP News
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
Features
SEC Proposes Changes to Accredited Investor Definition
The definition of "accredited investor" uses income and net worth thresholds to identify natural persons as accredited investors.
Features
'Vanicorn' Lawsuit Filed over Pixar, Disney Film
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.
Columns & Departments
Case Notes
Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence
Columns & Departments
Co-ops and Condominiums
Technical Defects Do Not Invalidate Amendments to Condominium Declaration
Features
Recent Developments in Third Circuit Bankruptcy Law
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.
Features
Reset Clauses In Ground Leases
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.
Features
Flood and Terrorism Insurance Reauthorization: Safe for Now
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.
Features
Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech
A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness.
Features
Case Study: Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive
This article is Part One of a two-part article. Part Two will appear in our March 2020 issue. This article examines the Copyright Directive and music-industry structure issues through the lens of Sweden, which has both a robust music business and a strong technology sector, two divergent perspectives in the development of the directive.
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