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<i>In Re BilskiM</i>: Patent Eligibility of Business Methods Under 35 U.S.C. ' 101
November 30, 2009
On Nov. 9, 2009, the Supreme Court heard oral argument in <i>In re Bilski</i> ' a case that will likely impact whether business methods are eligible for patent protection under 35 U.S.C. ' 101. To date, the Supreme Court has held that abstract ideas, natural phenomena, and laws of nature are not patent eligible, but has yet to apply that holding to a business method.
Movers & Shakers
November 30, 2009
Who's doing what; who's going where.
Case Briefs
November 30, 2009
Highlights of the latest insurance cases from around the country.
Business Interruption Coverage
November 30, 2009
Business Interruption coverage is contained in most first-party commercial property insurance and is meant to provide coverage where there is a suspension of business caused by direct physical loss to the property. Such policies also contain a "Civil Authority" provision, which typically states that the insurer will pay business income losses caused by the action of civil authority that prohibits access to the described premises due to direct physical loss of or damage to property, other than the described premises, caused by or resulting from a Covered Cause of Loss.
'Prejudice'
November 30, 2009
It is fairly well established in many courts across the United States that "late notice" of a claim under an occurrence-based commercial general liability ("CGL") policy presents a problem for insureds only when it "actually" and "substantially prejudices" an insurer. In light of that standard, insurers appear to face high hurdles if they rely on notice issues to avoid coverage. At the very least, it seems that the question of prejudice is highly factual and thus should be preserved for a jury to decide.
e-Mail Scams Targeting Attorneys
November 30, 2009
The scams often involve tricking attorneys into an engagement letter. Losses result from lawyers' frequent misunderstanding of banking regulations, which permit a bank to advise that "funds are available" before a check actually has cleared.
Movers & Shakers
November 30, 2009
Who's doing what; who's going where.
News Briefs
November 30, 2009
Highlights of the latest franchising news from around the country.
Court Watch
November 30, 2009
Highlights of the latest franchising cases from around the country.
Gathering Storm
November 30, 2009
There is an insidious trend developing in the franchise sales arena: Lawyers are being sued when bad things happen to a franchisee as a result of alleged defects or misdeeds in the franchise sales process. The problem, as so often is the case, is defining the boundaries to which the lawyer must adhere. I am particularly troubled about this trend to expand the boundaries beyond historical expectations.

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