The Federal Circuit recently revisited the issue of joint infringement in <i>Golden Hour Data Sys. v. emsCharts, Inc.</i> The court's decision in that case illustrates one way in which vicarious liability may not close the loophole for liability avoidance through the use of multiple actors. Further, the decision shows that claim drafting alone does not end the joint infringement problem for patentees.
On Aug. 31, 2010, the Federal Circuit rejected a procedural attempt to stem the recent flood of "false patent marking" lawsuits and provided guidance on the standing requirements for pursuing false marking claims under 35 U.S.C. § 292.
The U.S. Court of Appeals for the Fourth Circuit recently affirmed a judgment in excess of $11 million entered against a furniture manufacturer found liable for copyright infringement. Although the Fourth Circuit's judgment has not yet become final, unless it is reversed or overruled this opinion establishes, for the first time in that Circuit, certain significant principles of copyright law.
In most Chapter 11 cases, the debtor (or trustee if one is appointed), either prior to or in connection with plan confirmation, will move to assume or reject its executory contracts, unexpired leases, or both (collectively "Executory Contracts") pursuant to ' 365 of the Bankruptcy Code. This article discusses the "ride-through" doctrine, which courts have developed to resolve the ambiguity resulting from a debtor's failure to assume or reject an Executory Contract under ' 365 prior to plan confirmation.
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
