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Bait and Switch: From the Showroom to the Courtroom Image

Bait and Switch: From the Showroom to the Courtroom

Michael K. Milani & Daniel J. Steinert

<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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A Review of the ITC and the Recent Increase In Filings Image

A Review of the ITC and the Recent Increase In Filings

Rel S. Ambrozy & Matthew T. Bailey

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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Case Briefs Image

Case Briefs

Frank J. DeAngelis

Highlights of the latest insurance cases from around the country.

Features

'Late Notice' under Liability Policies: California Law Image

'Late Notice' under Liability Policies: California Law

Kirk A. Pasich

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.

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Challenging Postjudgment Garnishment Actions Against Insurers Image

Challenging Postjudgment Garnishment Actions Against Insurers

Donald O. Johnson, Seth F. Kirby & Kristin H. Landis

Part One of this article discussed garnishment statutes and the potentially significant exposure to insurers created by postjudgment garnishment actions. This final installment addresses response strategies and substantive defenses.

IP News Image

IP News

Matthew Berkowitz

Highlights of the latest intellectual property news and cases from around the country.

Features

Taming the Tenant's Form of Lease: Common Landlord 'Fixes' Image

Taming the Tenant's Form of Lease: Common Landlord 'Fixes'

Myles Hannan

Part One of this article discussed some of the major landlord "fixes" often required when working from a tenant's form of lease, <i>i.e.</i>, remeasurement, rent, taxes, tenant self-help, default, mitigation, assignment, subordination, and estoppels. This conclusion continues the discussion with additional "fixes."

Danger Ahead Image

Danger Ahead

Cal R. Burnton

The word "caution" should be the watchword when taking on a dual The act of "defending the witness' interests" by taking on his/her limited representation may leave counsel with real ethical dilemmas and even perhaps a legitimate disqualification motion.

Practice Tip: Congress Expected to Strengthen Consumer Product Safety Image

Practice Tip: Congress Expected to Strengthen Consumer Product Safety

Ali. A. Beydoun

With more than $2 trillion of imported products entering the United States every year, consumer product safety is receiving more attention than ever from the government, consumer protection groups, safety advocates, and the media.

Features

The Impact of the Internet on Strict Product Liability Law Image

The Impact of the Internet on Strict Product Liability Law

Sarah L. Olson

Strict product liability emerged in the 1960s and 1970s as a potent force shaping the way product manufacturers do business in America. Although the relevant common law of each state has been modified from time to time since its inception, the basic parameters of the theory have been settled for some time. Now, however, market conditions are changing dramatically, and the law is likely to change with it.

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