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Intervening Rights Only Arise During Re-examination When a Claim Has Been Amended or Added Image

Intervening Rights Only Arise During Re-examination When a Claim Has Been Amended or Added

Angie M. Hankins

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 Image

Damages Soar from False Advertising About Skydiving

Kyle-Beth Hilfer

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 Image

Federal Circuit Unravels Aventis' Tangled Web in Affirming Inequitable Conduct Finding

Frederick L. Whitmer

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.

Features

Case Briefs Image

Case Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest insurance cases from around the country.

Features

From Baby-Sitting to Child Custody: When Is a Person 'In Your Care' for Purposes of Homeowner's Coverage? Image

From Baby-Sitting to Child Custody: When Is a Person 'In Your Care' for Purposes of Homeowner's Coverage?

Samantha Evans

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.

Features

Duty to Defend: Johnson Controls' Attempt to Turn Excess Insurance into Primary Insurance Image

Duty to Defend: Johnson Controls' Attempt to Turn Excess Insurance into Primary Insurance

Chet A. Kronenberg, Sarah E. Luppen & Colin H. Rolfs

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 Image

Law Firm Turnarounds

William F. Brennan

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>

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Expert analysis of important rulings.

Development Image

Development

ALM Staff & Law Journal Newsletters

In-depth analysis of an important ruling.

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

Several key cases are discussed.

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