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Features
Highlights of the latest intellectual property news from around the country.
In <i>Prasco, LLC v. Medicis Pharm. Corp.</i>, the Federal Circuit declined to allow a declaratory judgment action on unasserted patents and provided some useful guidance in understanding what factual circumstances would be insufficient to establish a justiciable controversy.
In Part One of this article, the authors discussed the issues of whether the Debtor is a "health-care business," if an ombudsman must be appointed, and if you should seek to prevent it. This month, the authors discuss the question, "What if HHS seeks to affect Medicare reimbursements or exclude the Debtor from a federal health-care program?
Features
The question, "Can we get them to agree not to file bankruptcy in the future?" must be near the top of the list of things clients most commonly ask their transactions and workout lawyers. How, then, to best answer the client's next question: "OK, when is it enforceable and when is it not enforceable?"
Features
The Ninth Circuit BAP's recent opinion in <i>Clear Channel v. Knupfer</i>, 391 B.R. 25 (B.A.P. 9th Cir. 2008), threatens the sanctity of the mootness rule under Bankruptcy Code ' 363(m). Here's why.
In <i>Warner Bros. Entertainment Inc. v. RDR Books,</i> the Southern District of New York addressed the issue of when a reference guide constitutes a fair use.
Features
This article explains some of the key problems in the Federal Circuit's <i>In re Bilski</i> decision and discusses the potential impacts of the decision and strategies to deal with these impacts.
Features
This is the second of two articles examining decisions of the U.S. Supreme Court during its 2007-08 term that impacted the area of labor and employment law.
Features
Proffering a severance agreement to employees being let go in a reduction in force (RIF), or for other reasons not involving willful misconduct, is now a common practice in corporate America. Recent decisions indicate that courts are willing to hold both employees and employers to all of the terms of their agreements. Here's how to craft the right ones.