Practice Tip: The Rules of the Court of Public Opinion
May 26, 2010
The abundance of media outlets and the 24/7 news cycle they have created, both driving and feeding America's insatiable appetite for up-to-the minute news and gossip ' make it necessary to be prepared to try high-profile cases in the media as well as in court.
Component Parts Manufacturers in the Cross Hairs
May 26, 2010
A cluster of asbestos-related cases decided in 2009 has resulted in a trilogy of appellate decisions that reveals the key issues that arise in defending parts manufacturers from liability for components manufactured by others.
Five Steps for Managing the Risks Associated with Sensitive Data
May 25, 2010
The trend toward cloud computing, use of third-party application service providers, and outsourcing functions that can include payroll, benefits, marketing and more, multiply the potential vulnerabilities, and up the ante when it comes to managing data-related risk.
<i>Tiffany v. eBay </i>
April 29, 2010
The recent decision of the Second Circuit in connection with the appeal in <i>Tiffany (NJ) Inc. and Tiffany & Company v. eBay, Inc.</i> represents a thorough and well-considered exploration of the basis for finding secondary liability in the electronic marketplace for those who facilitate the sale of infringing goods without ever selling the goods and, conversely, the way for the maker of the marketplace to avoid liability for infringements by those who sell on its site.
Insurance Coverage For Patent Infringement Claims
April 29, 2010
Courts across the country, and particularly in California, have long been reluctant to construe standard commercial general liability insurance policies to provide coverage for patent infringement lawsuits. However, the Ninth Circuit's recent decision in <i>Hyundai Motor v. Nat. Union Fire Ins.</i>, suggests that, at least when the patented invention is itself a method of advertising, an insurer will owe a duty to defend a patent infringement lawsuit under the "advertising injury" provisions of many standard CGL policies.
IP News
April 29, 2010
Highlights of the latest intellectual property news from around the country.
False Patent Marking Cases Become the New Craze
April 29, 2010
Since Jan. 1, 2010, over 130 cases have been filed that accuse defendants of false patent marking. This recent tidal wave of false marking litigation contrasts with the relative calm of the past in which only approximately 40 false patent marking cases total were filed from 2000'2009. What caused the underwater earthquake? The decision of the Court of Appeals for the Federal Circuit in <i>Forest Group, Inc. v. Bon Tool Co.</i>
