<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>
Case Notes
April 29, 2010
Recent rulings of interest to you and your practice.
Practice Tip: Failure-to-Warn Causation and The Learned Intermediary
April 29, 2010
In pharmaceutical and medical device litigation, the failure-to-warn claim continues to be among the most common causes of action. This article examines some of the key factors involved in proving causation in a failure-to-warn case, and discusses recent case law in this area.
Cybercrime Poses New Risks in Commercial Banking
April 29, 2010
This article discusses the handling of electronic fund transfers under the Uniform Commercial Code, online banking customer authentication methods, and recent litigation between banks and small and medium-sized businesses that were victims of cybertheft.
Avoiding FCPA Liability with a Robust Compliance Program
April 28, 2010
With crystal clarity, the U.S. Government has signaled its intentions regarding enforcement of the Foreign Corrupt Practices Act (FCPA): far greater resources devoted to FCPA investigations, and far harsher penalties for FCPA violations.
