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Upon issuance, can a later-issued (but earlier-expiring) patent qualify as a double patenting reference against an already issued (but later-expiring) commonly owned patent of the same inventor? In Gilead Sciences, the Federal Circuit held that it could.

Analysis of a recent key case.

Discussion of the Janus Holding

Inconsistent Testimony Made Plaintiff Not Typical off Proposed Class
Franchisor Sanctioned For Failing to Prepare Its Representative for Corporate Deposition
Federal Court Enforces Franchisee Post-Termination Obligations

Bona fide intent was given new meaning by the TTAB. Lincoln National Corporation v. Anderson, exemplifies an apparent trend of the TTAB requiring greater proof of an applicant's "intent" as a jurisdictional prerequisite for filing an application or face a finding that the application is void ab initio. This is the paradigm of the "ticking time bomb" trademark nightmare with a very long fuse.

Although the "traveling employee" exception to the "going and coming rule" is strictly limited to workers' compensation cases, it has been widely applied to many cases that the exception has evolved into its own rule.

In a recent decision by the Fifth Circuit, the court held that a lender's pre-bankruptcy acceleration of a promissory note arising from a borrower's nonpayment default did not trigger provision for a prepayment premium in the absence of an actual loan prepayment.

The recent decision in Sykes v. Sykes sent shock waves reverberating throughout the New York matrimonial bar for its direction that during the pendency of a divorce litigation, the less monied spouse may be required to use a portion of her share of the marital estate to pay her legal fees, rather than continue to have such fees paid by the wealthier spouse.