TS Tech's Impact on Transfer Decisions
May 29, 2009
<i>In re TS Tech</i> and, to a lesser extent for patent cases, <i>In re Volkswagen of Am., Inc.</i>, have changed the landscape of ' 1404(a) cases in the Fifth Circuit. Patent cases that once would not have been transferred out of the Fifth Circuit may now be transferred based on <i>TS Tech.</i>
Patent Opinions, Willfulness and Inducement
May 29, 2009
Recent decisions have begun to fill in the gaps left by <i>In re Seagate Technology, LLC.</i> They suggest that a competent opinion is still an effective defense to a willfulness charge, and that a jury may consider a defendant's failure to obtain an opinion when determining the defendant's intent for purposes of willfulness and inducement. Also, legitimate trial defenses may be sufficient to establish that a defendant's actions at the time of infringement were not "objectively reckless.
Technology in Marketing: Where to Invest Your Marketing Technology Dollars
May 28, 2009
Law firms have realized that using technology ' particularly the Internet ' is a powerful tool for creating a more level playing field to enhance their images, expand their visibility in targeted markets and drive business to their firms. However, with so many competing interests for limited marketing dollars, where should you invest your firm's resources to get the most bang for the buck?
Legal Issues Swell if Swine Flu Spreads
May 27, 2009
Just one week into the swine flu outbreak, health authorities in Baltimore detained 117 passengers on a flight from Cancun, Mexico. And Texas, Maryland and New York officials closed schools. Although the flu strain isn't an official pandemic yet, state and local officials are already flexing legal muscles ' many for the first time.
The Autism Cases
May 27, 2009
In last month's issue, we discussed the Vaccine Court's (Office of Special Masters of the U.S. Court of Federal Claims) trio of decisions that found no causative links between childhood vaccinations and the onset of autism and gastrointestinal problems in three children. The discussion continues herein.
Case Notes
May 26, 2009
Recent rulings of interest.
Twombly's Plausibility Standard in Product Liability Cases
May 26, 2009
The <i>Twombly</i> decision significantly changed the accepted standard for a motion to dismiss from "no set of facts" to enough "plausible" facts. Now, to survive a motion to dismiss for failure to state a claim, a complaint must allege "enough facts to state a claim to relief that is plausible on its face."
Defending Automobile Manufacturers in Design Defect Cases
May 26, 2009
Counsel defending manufacturers who are alleged to have designed defective vehicles that have caused serious traffic accidents often have an uphill battle in convincing jurors that the design of their client's vehicle was not wholly responsible. But it's not all bad news.
