Psychological Experts and Trial Tactics
July 29, 2010
Retained testifying experts who assert that neither their findings nor their opinions might be affected by biases are either fools, liars, or lying fools.
IP News
July 29, 2010
Highlights of the latest intellectual property news from around the country.
The Toyota Recall Crisis: More Than a Re-TREAD
July 29, 2010
If this were an article about Toyota's actions and inactions, it could stop here. But it is really about the proposed "Motor Vehicle Safety Act of 2010." This legislation, engendered by the Toyota recalls, makes TREAD (Transportation Recall Enhancement Accountability and Documentation Act)sem minor by comparison.
Patent Correction: Navigating the Confusing Terrain of Broadening Reissue
July 29, 2010
There are times when a patent owner may discover that an issued patent does not claim everything that the patent should have covered. When such defects are discovered, one strategy a patent owner may wish to consider is filing a request with the USPTO for a broadened reissue of a U.S. patent to enlarge the scope of the claims of the original patent.
Practice Tip: Twombly and Iqbal Are Everywhere
July 29, 2010
The impact of <i>Twombly</i> and <i>Iqbal</i> on the pleading standard in federal motions to dismiss has been well documented during the last several years. This article examines the impact that these important cases have had when fraudulent joinder becomes an issue.
Establishing Diversity in Medical Device Litigation
July 29, 2010
A medical device manufacturer served with a product liability lawsuit in state court often prefers to be in federal court, but diversity jurisdiction requirements cannot be met because a local hospital that purchased the device and supplied it for use on the plaintiff-patient is a non-diverse co-defendant.
Korean War Memorial Copyright Infringed By U.S. Postal Service
July 29, 2010
The U.S. Court of Appeals for the Federal Circuit has held the U.S. Postal Service liable for copyright infringement for its use on a postage stamp of an image of a number of sculptures created by Frank Gaylord for the Korean War Veterans Memorial.
A Madness to the Method? The Impact of Bilski on Method Patents
July 29, 2010
For more than a year, the software/information technology, financial, and even biotech industries, along with the patent bar, waited for the Supreme Court to weigh in on the issue of business methods and patent-eligible subject matter under ' 101 of the Patent Act. In its recent decision in <i>Bilski v. Kappos</i>, the Supreme Court provided an answer for the business method claimed by Bilski, but not a lot of detailed guidance for future cases.
