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Features

An Analysis of Kappos v. Hyatt

John M. Cone & Megan M. O'Laughlin

Although the Supreme Court's decision in <i>Kappos v. Hyatt</i> addressed the Patent Act specifically, the decision may have implications for cases brought in district courts to challenge decisions of the Trademark Trial and Appeal Board. The <i>Kappos</i> decision may also encourage defendants to continue pushing against the "clear and convincing evidence" standard for obviousness challenges based on prior art not considered by the PTO during examination.

Features

Invoking the Spousal Privilege

Janice G. Inman

There are two aspects to the law in New York ' one prohibiting prosecutors or others from compelling one spouse to testify against the other, and the other permitting a spouse to preclude the testimony even of a willing witness spouse. It is this second potion of the law that we will be concerned with.

Features

Law Firm Leadership: Managing Millennials

Mark Beese

The Millennial Generation (born from 1981-2000) have been entering the workforce for more than a decade now. Baby Boomer and Generation X leaders are sometimes perplexed with this tech-savvy, multi-tasking and ambitious group of professionals.

Features

Commission Weighs New Family Law-Related Acts

Mary Kay Kisthardt & Barbara Handschu

The Uniform Law Commission, also known as the National Conference of Commissioners on Uniform State Laws (NCCUSL), is currently working on a number of family law-related acts of interest to family law practitioners. One of the most significant is the Uniform Premarital and Marital Agreements Act (UPMAA).

Professional Development: Expanding Your Social Network

Mark Neuberger

The questions for those who want to explore and conquer the expanding universe of social media are where to begin and how to be productive in doing so.

First Circuit Declares DOMA Unconstitutional

Janice G. Inman

Two federal courts have recently taken action in significant cases affecting the marriage rights of same-sex couples. How does this affect New York?

Features

Marketing Tech: Seven Ways to Use LinkedIn More Effectively

Ari Kaplan

LinkedIn makes networking universally accessible since it is both practical and strategic without requiring you to be bold or outgoing.

The Great (Online Copyright) Compromise of 2012

Timothy Denny Greene

Although neither service providers nor content providers can claim a complete victory, the Second Circuit's <i>Viacom</i> opinion represents a pragmatic, middle-of-the-road solution to several issues at the heart of the new user-centered Internet experience.

Features

Real Property Law

ALM Staff & Law Journal Newsletters

Discussion of several key cases.

Landlord & Tenant

ALM Staff & Law Journal Newsletters

A key ruling is analyzed.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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