A decision in the controversial patent case In re Bernard L. Bilski and Rand A. Warsaw v. U.S. Patent and Trademark Office 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.
- September 29, 2008Nir Kossovsky and Ken Jarboe
American Seating Company v. USSC Group, Inc., 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.
September 29, 2008Michael K. Milani and Daniel J. SteinertPractitioners 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.
September 29, 2008Rel S. Ambrozy and Matthew T. BaileyHighlights of the latest insurance cases from around the country.
September 29, 2008Frank J. DeAngelisLiability 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.
September 29, 2008Kirk A. PasichPart 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.
September 29, 2008Donald O. Johnson, Seth F. Kirby and Kristin H. LandisHighlights of the latest intellectual property news and cases from around the country.
September 29, 2008Matthew BerkowitzPart One of this article discussed some of the major landlord "fixes" often required when working from a tenant's form of lease, i.e., remeasurement, rent, taxes, tenant self-help, default, mitigation, assignment, subordination, and estoppels. This conclusion continues the discussion with additional "fixes."
September 29, 2008Myles HannanThe 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.
September 29, 2008Cal R. BurntonWith 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.
September 29, 2008Ali. A. Beydoun

