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Claim construction ' the definition of a patent's scope ' is critical in virtually all patent lawsuits. In many cases there is no dispute about the structure and operation of the accused product, and claim construction becomes dispositive.
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Your client has invented a platform technology that creates a new product, industry or way of doing business. Early in the development of the new platform, a detailed patent application is prepared, filed and prosecuted to allowance. Before allowance, a well-funded competitor begins using the patented technology. When the patent issues, a cease and desist letter is sent. The competitor denies infringement and a lawsuit is filed.
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Research universities have long engaged in technology transfer ' most since the 1980s or earlier. Academic researchers are a source of significant innovation. Universities have the right (and in some cases the obligation) to patent and exploit such inventions, and patenting university technology is well accepted by most universities and their stakeholders. The recipe was supposed to be simple: patent a handful of inventions from university labs, license them for a comfortable royalty, and sit back and enjoy the revenue.
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Companies are set to lose millions of dollars in tax write-offs from donating their patents to universities and nonprofit groups.
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Unusual case: Is a bagel a weapon?
The United States Supreme Court rebuked a Ninth Circuit panel for misapplying disparate impact analysis in the context of a disparate treatment case when the lower court ruled that a recovered drug addict could not be denied reemployment under the terms of the employer's no-rehire rule. In doing so, the Supreme Court determined that, in fact, a no-rehire rule is a "quintessential legitimate, nondiscriminatory reason for refusing an employee who was terminated because of misconduct."
Rule 23 of the Federal Rules of Civil Procedure was recently amended extensively to add two new sections governing the appointment of class counsel and the payment of attorney fee awards.
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Editor-in-Chief Alfred G. Feliu shakes his head in disbelief.
New York's highest court has issued an important decision interpreting Section 193 of the New York Labor Law, which prohibits employers from making deductions from an employee's wages except in limited circumstances.
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Your ethics questions answered by the expert.
