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The Diminishing Claim Vitiation Limitation to the Doctrine of Equivalents Image

The Diminishing Claim Vitiation Limitation to the Doctrine of Equivalents

Albert Shih & James Yoon

Infringement under the doctrine of equivalents ("DOE") is frequently asserted in patent litigation. DOE allows a plaintiff to maintain an infringement claim even if the accused instrumentality does not literally possess all the limitations of the claim as interpreted by the court.

Features

Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate Image

Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate

Andrew Pequignot

Publishers frequently charge different prices in foreign markets, and they have argued that allowing unrestricted importation threatens that practice. In March, the Supreme Court squarely addressed this issue for the first time in <i>John Wiley &amp; Sons Inc. v. Kirtsaeng</i> and held that the first-sale doctrine does in fact apply to copies made overseas and, as a result, these copies could be purchased in foreign markets and legally resold in the United States.

Myriad's Oral Argument Before the Supreme Court Image

Myriad's Oral Argument Before the Supreme Court

Jeffrey S. Ginsberg & Brooke Hazan

On April 15, 2013, the Supreme Court heard oral argument in <i>Ass'n for Molecular Pathology v. U.S. Patent and Trademark Office</i> (hereinafter "<i>Myriad</i>"). The sole question before the Supreme Court, following its grant of certiorari on Nov. 30, 2012, is whether human genes are patent-eligible subject matter under 35 U.S.C. ' 101.

May issue in PDF format Image

May issue in PDF format

ALM Staff & Law Journal Newsletters

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Columns & Departments

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Recovery of Make-Whole Premiums Image

Recovery of Make-Whole Premiums

David M. Hillman & Karen S. Park

A lender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case has been the subject of considerable judicial debate over the past number of years, with some courts allowing recovery and others denying it. Earlier this year, the U.S. Bankruptcy Court for the Southern District of New York added to the debate by denying bondholders the right to payment of a make-whole premium in connection with the debtor's refinancing of the bond debt.

Columns & Departments

Court Watch Image

Court Watch

Chris Bussert

Highlights of the latest franchising cases from around the country.

Features

Is British Columbia Next in Line? Canada's Third Most Populous Province Considers Franchise Legislation Image

Is British Columbia Next in Line? Canada's Third Most Populous Province Considers Franchise Legislation

Dominic Mochrie

Proposed franchise legislation featured prominently in "An Agenda for Justice," a report recently released by the British Columbia Branch of the Canadian Bar Association.

You Say You Want an Evolution? Private Equity Finds Its Franchising Groove Image

You Say You Want an Evolution? Private Equity Finds Its Franchising Groove

David W. Koch

This article discusses the important lessons that buyers, sellers and their professional advisers seem to have drawn in the last few years with respect to private equity's involvement in franchising.

Columns & Departments

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Analysis and discussion of several major rulings.

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