The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.
Historically, a defendant would become obligated to pay the full amount of a personal injury judgment in a lump sum as soon as the judgment was entered. In 1985, New York enacted a Periodic Payment of Judgments Act as part of the State's effort at tort reform.
A "structured dismissal" of a Chapter 11 case following a sale of substantially all of the debtor's assets has become increasingly common. However, only a handful of rulings have been issued on the subject...
Licensor Lacks Standing to Sue Where No Rights in Patent Were Retained
In-depth analysis of key cases of interest.
Are orders denying relief from the automatic stay pursuant to Section 362 of the Bankruptcy Code considered final and, therefore, appealable as of right? This was the issue of first impression that was recently presented to the First Circuit.
In 2010, New York's Legislature enacted Domestic Relations Law (DRL) ' 236, Part B, subd. 5-a, in 2010. The statute, among other things, requires that agreements concerning temporary maintenance that deviate from its formula must, to be enforceable, contain calculations for the amount that would have been set by the formula, and more. The discussion continues herein.
In today's digital era where consumers rely heavily on social media for news and entertainment, it has become increasingly common for entertainment companies to join the conversation on popular platforms such as Twitter, Facebook and Instagram. Marketers have found that authentic and meaningful engagement with consumers on Twitter can have a lasting impact.
The vast majority of terms of service on websites are unenforceable. Entertainment, media and other companies spend a great deal of time and money in crafting what they believe to be appropriate TOS, which they hope will provide the various protections, safe harbors and advantages needed in dealing with the public or in transacting business. Unfortunately, in most cases those bits will not have any legal bite.
Monroe County Family Court Judge Joan Kohout handed a lesbian couple a disappointing decision when she determined that a married same-sex couple cannot use a marital statute to block a man's paternity petition for the child he fathered with one of the spouses during the women's marriage.
