Intervening Rights Only Arise During Re-examination When a Claim Has Been Amended or Added
In <i>Marine Polymer Tech., Inc. v. HemCon, Inc.</i>, No. 2010-1549, 2012 WL 858700 (Fed. Cir. March 15, 2012), a majority found that intervening rights only arise as a result of re-examination when a claim has been amended or added during the re-examination, even though the issue was not considered below.
Damages Soar from False Advertising About Skydiving
In March 2012, the Ninth Circuit in <i>Skydive Arizona, Inc. v. Quattrocchi, et al.</i> upheld a $6.6 million judgment for trademark infringement, false advertising, and cybersquatting, while overturning the district court's doubling of actual damages. The opinion succinctly outlines appellate review standards while offering insights into how to prove a Lanham Act and cybersquatting case.
Federal Circuit Unravels Aventis' Tangled Web in Affirming Inequitable Conduct Finding
At the time of the <i>Therasense</i> decision there was some question as to just how stringently the Federal Circuit would adhere to the nominal standards for common law fraud. <i>Aventis Pharma S.A. v. Hospira, Inc.</i> appears to answer that question for both patent prosecutors and litigators.
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Case Briefs
Highlights of the latest insurance cases from around the country.
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From Baby-Sitting to Child Custody: When Is a Person 'In Your Care' for Purposes of Homeowner's Coverage?
In the absence of a definition, courts have divided over whether the phrase "in your care" is ambiguous and should be read in favor of the insured and coverage, or according to its plain meaning as applied to the specific facts at issue.
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Duty to Defend: Johnson Controls' Attempt to Turn Excess Insurance into Primary Insurance
On April 2, 2012, Johnson Controls and certain of its excess insurers filed simultaneous motions for summary judgment on the duty to defend issue in the Milwaukee County circuit court. The outcome of these motions will be of great interest to insurers since Johnson Controls is seeking to fundamentally change the role and function of excess insurance.
Law Firm Turnarounds
Can a firm be saved when it is facing multiple critical threats to its existence? The answer is yes ' <i>if the firm acts quickly and decisively.</i>
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Real Property Law
Expert analysis of important rulings.
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