This article provides a historical overview of California's "genuine dispute" doctrine, a summary of the general principles applicable under the doctrine, and a discussion of the recent legal developments in the doctrine.
In a series of recent cases addressing coverage for contaminated foods and similar losses, jurisdictions have split on the availability of insurance. Courts excluding coverage have relied on language traditionally used to exclude business and product-related losses, including the "your product" and "impaired property" exclusions. Other courts have rejected the application of these exclusions if it is unclear that the damage was to the insured's product and if the cause of the damage is not inherent in the product itself.
Insurers take deductions from defense bills or delay payment of these bills far too frequently. Insurers engage in these tactics with many policyholders, but few actually challenge the insurer's conduct. There are, however, ways to challenge these tactics.
Highlights of the latest intellectual property news from around the country.
In re Swanson will likely have the effect of encouraging even more third-party ex parte re-examination requests, while only discouraging an applicant's incentive to perform a patent search to provide the best art to the PTO.
The August 2008 ruling in Io Group, Inc. v. Veoh Networks, Inc., has been widely heralded as a win for online service providers in the legal maelstrom surrounding social media.
Gripe sites are Web sites whose purpose is to complain, criticize, and revile businesses or other institutions. So, what to do.
Who's doing what; who's going where.
The time it takes to develop a good IP strategy depends on the complexity of the situation or issue. We can't make IP strategy development immediate and still be useful, but we can make it more efficient, especially when pulling together a team to develop the strategy. So here are some tips that can help shorten the time it takes to develop a good strategy.
Patent owners whose IP rights are being infringed by imported goods have a choice of filing a patent infringement complaint in a district court or an unfair trade practice complaint, pursuant to '337 of the Tariff Act, with the U.S. International Trade Commission ("ITC"). There are several advantages in litigating patent disputes in the ITC.
