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IP News

Jeff Ginsberg & David Cooperberg

Federal Circuit Vacates Noninfringement Decision Finding a Genuine Dispute as to Divided Infringement<br>Patent Trial and Appeal Board Holds Sovereign Immunity No Defense to IPR Petition Brought by Accused Infringer

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Colleen Snow

HSBC Resolves Wire Fraud Charges

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Punitive Damages for Intentional Encroachment<br>Questions of Fact About Readiness to Perform<br>Issues of Fact Preclude Summary Judgment in Action for Brokerage Commission<br>No Meritorious Defense to Foreclosure Action

Features

The Recent Court and Regulatory Battles Behind the Net Neutrality Controversy Image

The Recent Court and Regulatory Battles Behind the Net Neutrality Controversy

Barry Skidelsky

Though it has been a news focus recently, the legal issue of “net neutrality,” or an open Internet, has been a point of contention between Internet access providers and network users since the mid-1990s. Both sides have zealously but unsuccessfully lobbied Congress with multiple efforts to have desired legislation passed. This has left us instead with shifting regulatory actions taken by the Federal Communications Commission (FCC) attempting to address the issue.

Features

<i>Decision of Note</i>: Charitable Immunity Statute Protects Private University from Concert Suit Image

<i>Decision of Note</i>: Charitable Immunity Statute Protects Private University from Concert Suit

Michael Booth

A woman who fell and injured herself while attending a country music concert at Monmouth University cannot sue the school for damages, a New Jersey appeals court ruled in a divided decision that potentially sets the case up to be heard by the state Supreme Court.

Features

The National Opioid Epidemic: The Emergence of a Multi-Layered Approach Image

The National Opioid Epidemic: The Emergence of a Multi-Layered Approach

Richard S. Hartunian, Jacqueline C. Wolff & Andrew C. Case

On Oct. 26, 2017, Eric D. Hargan, Acting Secretary of the Department of Health and Human Services, announced that, as a result of the opioid epidemic, “a public health emergency exists nationwide.” As a result, counties, states and the federal government have mounted an attack on the pharmaceutical industry.

Features

Recovering Administrative Claims in Chapter 9 Bankruptcy and Title III of PROMESA Image

Recovering Administrative Claims in Chapter 9 Bankruptcy and Title III of PROMESA

James B. Bailey

Municipal bankruptcies under Chapter 9 of the Bankruptcy Code are rare. These cases are often filed to adjust bonded indebtedness and pension obligations. Congressional authorization for Puerto Rico and its instrumentalities to file for bankruptcy under the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) was similarly out of concern for excessive bond debt and pensions.

Features

Five Ways to Eliminate the Need for a Corporate Monitor Image

Five Ways to Eliminate the Need for a Corporate Monitor

Jonny Frank & Simon Platt

Government-imposed corporate monitors — once a rare occurrence in the U.S. — are now commonplace, not only with domestic regulators, but also with regulatory agencies in various other countries, in connection with enforcement proceedings and prosecutions for criminal offenses such as anti-corruption violations and other misconduct.

Features

Regulating Interior Landmarks Image

Regulating Interior Landmarks

Stewart E. Sterk

What powers does the New York City Landmarks Preservation Commission (LPC) have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, that issue generated a 3-2 division in the First Department, with the majority holding that the Commission had power to require maintenance of the clock, and to require public access to it.

Features

Federal Circuit Holds That PTAB's Determination on Whether the One Year Time-Bar Is Triggered in <i>Inter Partes</i> Review Is Reviewable on Appeal Image

Federal Circuit Holds That PTAB's Determination on Whether the One Year Time-Bar Is Triggered in <i>Inter Partes</i> Review Is Reviewable on Appeal

Jon E. Wright & Pauline M. Pelletier

On Jan. 8, 2018, the Federal Circuit issued its significant <i>en banc</i> decision in <i>Wi-Fi One, LLC v. Broadcom.</i> In that decision, the Federal Circuit held that the time-bar of 35 U.S.C. §315(b) is reviewable on appeal, thus overturning a prior panel decision and opening the door for parties to challenge how the USPTO has interpreted and applied that statutory provision.

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