Two recent decisions that greatly affected title insurers on the issue of standing for all foreclosing lenders and of MERS in particular.
August 30, 2011Marvin N. BagwellOn July 29, 2011, the Federal Circuit handed down its decision in Ass'n for Molecular Pathology et al. v. U.S.P.T.O., (often referred to as the "Myriad Genetics gene patent" case). The divided panel's three opinions reveal areas of broad agreement and notable disagreement about patent eligibility under 35 U.S.C. ' 101 of several categories of patent claims of interest to life sciences industries.
August 30, 2011Darren DonnellyIn John Wiley & Sons Inc., v. Kirtsaeng,the Second Circuit took a stand against parallel importation of copyrighted works made under the authority of the U.S. copyright owner in a foreign country.
August 30, 2011Matthew Siegal And Binni ShahIn Global-Tech Appliances, Inc. v. SEB S.A., the Supreme Court held that "willful blindness" may satisfy the knowledge element required for a finding of induced infringement. In so doing, the Court rejected the prior "deliberate indifference" standard articulated by the Federal Circuit.
August 30, 2011John M. Cone
