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IP News
Highlights of the latest intellectual property cases from around the country.
Support Overpayment
Over the years, courts have carved out numerous exceptions to the general rule barring recovery of excess support payments. An additional exception that permits recoupment under certain circumstances, is contained in the Family Court Act. So, in some cases, relief for the party who has overpaid may be possible.
Features
Potential New Barrier to Verdicts of Willful Infringement?
The question of whether a defendant had willfully infringed a patent has typically been decided by a jury. However, under <i>Bard Peripheral Vascular, Inc. v. W.L. Gore & Assoc.,</i> a judge may now have the exclusive role of determining whether a jury is entitled to decide this question.
Computer-Generated Test Interpretation in Custody Matters
When an interpretation of a test result that has implications for one's client is based on a Computer-Generated Test Interpretation (CGTI), be aware that this can open the door to a number of avenues of attack with regard to hearsay and admissibility.
The Battle Rages On: A Report from the Front Line of the Patentable Subject Matter War
In July 2012, the Federal Circuit issued two decisions regarding patentable subject matter for computer-implemented business methods, <i>CLS Bank Int'l v. Alice Corp.</i> and <i>Bancorp Services v. Sun Life Assurance Co. of Canada</i>, that vividly demonstrate the conflicting approaches various members of the court apply to this question.
<b><i>Case Study:</i></b> Online Practical Guidance Resource Gives Business Lawyer a Competitive Edge
Over the course of recent years, the Internet has made more and more information on best practices, model documents and legal forms available to lawyers. Yet, the challenge has been sorting out the "best in class" advice and up-to-date documents from myriad sources on the Web in a quick and efficient manner.
Case Briefs
Highlights of the latest insurance cases from around the country.
Features
First Circuit Raises Troubling Questions
The recently published First Circuit opinion in <i>Rosciti v. Insurance Company of the State of Pennsylvania</i>, presents an increasingly common interplay between two somewhat different and often conflicting areas of law — insurance coverage and bankruptcy.
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