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Part One of this article discussed Article 9 security interests and future advances, and federal tax liens. This final installment addresses exceptions for purchasers, holders of security interests, and certain others.
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Through the TDRA, Congress intended to clarify the standards of fame and dilution for trademark owners, but the courts have struggled to come up with a uniform application of these tests.
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In <i>Egyptian Goddess v. Swisa</i>, the Federal Circuit held that the "ordinary observer" test first set forth by the Supreme Court more than 100 years ago is the sole test for design patent infringement.
This article provides relevant highlights of legislative and regulatory reactions to the tumultuous financial events affecting equipment leasing.
A decision in the controversial patent case <i>In re Bernard L. Bilski and Rand A. Warsaw v. U.S. Patent and Trademark Office</i> is currently pending in the U.S. Court of Appeals for the Federal Circuit. Nominally, at stake is the future patentability of business methods. In fact, the patent question is but the most visible element. The scope of the underlying topic is far greater. The case highlights the importance of the business processes that link global business networks and create value in the intangible assets that comprise approximately 70% of the average company's market capitalization.
<i>American Seating Company v. USSC Group, Inc.</i>, which relates to a patent infringement litigation, provides interesting considerations for business managers with responsibility for accused, infringing, and/or non-infringing "alternative" products as well as for legal and financial professionals who deal with the determination of economic damages in patent infringement matters.
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Practitioners before the International Trade Commission have noted a substantial increase in the number of filings and Section 337 investigations over the last several years. In addition to providing possible reasons for that substantial increase, this article provides an overview of IP-related investigations at the ITC, and explores the success rate of the complainants over the respondents in the ITC. Finally, this article considers whether the ITC will be "a victim of its own success," following the pattern of the Eastern District of Texas and the Eastern District of Virginia.
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Highlights of the latest insurance cases from around the country.
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Liability insurance policies typically contain provisions requiring that an insured notify the insurance carrier "as soon as practicable" of a claim or loss that potentially might be covered by the policy. If there is any delay in providing notice, an insurance carrier may deny coverage, or at least reserve its right to deny coverage. However, there are many situations in which a delay in notice, even if not excusable, will not result in a loss of coverage.