Value Behind the Business Process Patent Controversy
September 29, 2008
A decision in the controversial patent case <i>In re Bernard L. Bilski and Rand A. Warsaw v. U.S. Patent and Trademark Office</i> is currently pending in the U.S. Court of Appeals for the Federal Circuit. Nominally, at stake is the future patentability of business methods. In fact, the patent question is but the most visible element. The scope of the underlying topic is far greater. The case highlights the importance of the business processes that link global business networks and create value in the intangible assets that comprise approximately 70% of the average company's market capitalization.
Bait and Switch: From the Showroom to the Courtroom
September 29, 2008
<i>American Seating Company v. USSC Group, Inc.</i>, which relates to a patent infringement litigation, provides interesting considerations for business managers with responsibility for accused, infringing, and/or non-infringing "alternative" products as well as for legal and financial professionals who deal with the determination of economic damages in patent infringement matters.
A Review of the ITC and the Recent Increase In Filings
September 29, 2008
Practitioners before the International Trade Commission have noted a substantial increase in the number of filings and Section 337 investigations over the last several years. In addition to providing possible reasons for that substantial increase, this article provides an overview of IP-related investigations at the ITC, and explores the success rate of the complainants over the respondents in the ITC. Finally, this article considers whether the ITC will be "a victim of its own success," following the pattern of the Eastern District of Texas and the Eastern District of Virginia.
Case Briefs
September 29, 2008
Highlights of the latest insurance cases from around the country.
'Late Notice' under Liability Policies: California Law
September 29, 2008
Liability insurance policies typically contain provisions requiring that an insured notify the insurance carrier "as soon as practicable" of a claim or loss that potentially might be covered by the policy. If there is any delay in providing notice, an insurance carrier may deny coverage, or at least reserve its right to deny coverage. However, there are many situations in which a delay in notice, even if not excusable, will not result in a loss of coverage.
Challenging Postjudgment Garnishment Actions Against Insurers
September 29, 2008
Part One of this article discussed garnishment statutes and the potentially significant exposure to insurers created by postjudgment garnishment actions. This final installment addresses response strategies and substantive defenses.
IP News
September 29, 2008
Highlights of the latest intellectual property news and cases from around the country.
Taming the Tenant's Form of Lease: Common Landlord 'Fixes'
September 29, 2008
Part One of this article discussed some of the major landlord "fixes" often required when working from a tenant's form of lease, <i>i.e.</i>, remeasurement, rent, taxes, tenant self-help, default, mitigation, assignment, subordination, and estoppels. This conclusion continues the discussion with additional "fixes."
Danger Ahead
September 29, 2008
The word "caution" should be the watchword when taking on a dual The act of "defending the witness' interests" by taking on his/her limited representation may leave counsel with real ethical dilemmas and even perhaps a legitimate disqualification motion.
