Patent Re-examination
September 29, 2010
This article explores strategy considerations for the use of parallel patent re-examination proceedings as a tool in patent litigation.
Brand Considerations When Launching Mobile Phone Apps
September 29, 2010
Prior to launching Apps on smartphone devices, it is advisable that brand owners pause — even if momentarily — to consider the new trademark and related legal issues that this new medium presents.
Grouping Language in NY After GE Footnote Number Three
September 28, 2010
After taking a closer look at <i>Appalachian Insurance Co. v. General Electric Co.</i>, 8 N.Y.3d 162 (2007), this article surveys four recent New York decisions that interpret "occurrence" definitions and grouping language in policies to address the number-of-occurrences issue.
A New Use for an Old Tool
September 27, 2010
Commercial leasing litigation has become an art form ' and in states like New York, attorneys have, as a result of technicalities such as failing to serve the tenant properly, kept non-paying tenants in possession for years.
Hyundai Motor America v. National Union
August 26, 2010
Defendants in patent infringement actions have new reason to scrutinize their Commercial General Liability insurance policies. On April 5, 2010, the Court of Appeals for the Ninth Circuit held that allegations of patent infringement involving a method of advertising constitute "advertising injury," triggering an insurer's duty to defend a patent infringement suit.
A Long Voyage from the Runway to the Beltway
August 26, 2010
The Innovative Design Protection and Piracy Protection Act ("IDPPA" or S. 3728) was introduced in the Senate on Aug. 5, 2010 by Sen. Charles Schumer. The bill proposes to extend copyright protection to unique fashion designs by amending Chapter 13 of U.S. Code Title 17 (the Vessel Hull Design Protection Act of 1998).
Recent Judicial Decisions on Specific Causation
August 25, 2010
This article highlights three recent court decisions rejecting plaintiff's efforts at establishing specific causation as a matter of law. These decisions confirm that speculative specific causation evidence is inadmissible.
Practice Tip: Playing Poker with Experts
August 25, 2010
What happens if, after you file that long-anticipated <i>Daubert/Kumho</i> motion, plaintiff's counsel files a motion to withdraw the original expert and to substitute a new one with superior qualifications and a much stronger theory of liability?
The Assault on Traditional Long-Arm Jurisdiction Continues
August 25, 2010
A review of <i>Nicastro v. J. McIntyre Machinery America, Ltd.</i>, in which the Supreme Court of New Jersey ruled in that a plaintiff could bring a product liability action in a New Jersey state court against an England-based product manufacturer under what is termed the stream-of-commerce theory of personal jurisdiction.
