In The Marketplace
February 02, 2006
Highlights of the latest equipment leasing news from around the country.
Can a Remedies Opinion Be Given on an Equipment Lease?
February 02, 2006
We know what an equipment lease is. The Uniform Commercial Code defines it for us: "'Lease' means a transfer of the right to possession and use of goods for a period in return for consideration ... " UCC '2A-103(p). "Goods" include equipment. <i>Id.</i> '2A-103(n). If an agreement qualifies as a lease, then the "lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties." UCC '2A-301. What could be clearer?
Revisiting Boilerplate or 'Miscellaneous' Lease Provisions
February 02, 2006
Part One of this article addressed issues surrounding the name and address of the subject building and the landlord's right to prescribe rules and regulations. The conclusion discusses lease provisions pertaining to legal fees and expenses and the sale or exchange and assignment by the landlord.
The Leasing Hotline
February 02, 2006
Highlights of the latest commercial leasing cases from around the country.
Economic Interdependency and Big Box/Anchor Store Closings
February 02, 2006
A decision is being contemplated to close one or more stores. Factors for closing stores may vary. Possibly the store is not performing well, the store does not fit within the new prototype, the retailer is pulling out of a geographic area, or a host of other business reasons may be factors considered in determining to close a store.
In the Spotlight: Fallout from Kelo
February 02, 2006
In <i>Kelo v. City of New London</i>, 125 S. Ct. 2655 (2005), the U.S. Supreme Court affirmed the long-standing principle that governments can condemn private land in order to carry out area-wide redevelopment projects. The decision, which affirms the legal status quo, has been spun as a grievous invasion of property rights that now threatens every American home. In this article, we review the reaction of legislators at the national level to the <i>Kelo</i> case and, by examining one state's legislative response, discuss the issues raised by state legislation.
Writing, Prosecuting and Issuing Commercially Valuable Patents
February 01, 2006
Intellectual property, be it in the form of trademarks, copyrights, or patents, represents a significant investment by the owner. The intellectual property owner, whether a large, multinational corporation or a sole inventor, makes the investment for a single purpose — to increase the value of its business. When a patent practitioner invests a client's resources and returns no significant value, that practitioner has failed to meet the client's expectations. This article addresses steps that a savvy practitioner can take to hedge the likely outcome of the patent procurement process.
Phillips v. AWH: Practical Pointers on the Use of Intrinsic and Extrinsic Evidence
February 01, 2006
The Federal Circuit's <i>en banc</i> decision in <i>Phillips v. AWH Corp.</i>, 415 F.3d 1303 (Fed. Cir. 2005), provides a reminder, for patent prosecution attorneys and patent litigators alike, of the types of evidence that can be used to support a patent claim construction. In short, intrinsic evidence ' namely, the claim language, specification and prosecution history ' remains the primary source materials for interpreting patent claims. On the other hand, extrinsic evidence ' namely, dictionaries, treatises and expert testimony ' may not have the same persuasive status previously accorded by the Federal Circuit's decision in <i>Texas Digital Sys., Inc. v. Telegenix, Inc.</i>, 308 F.3d 1193 (Fed. Cir. 2002). Nonetheless, extrinsic evidence retains its role in helping to explain the meaning of claim terms as understood by a person of ordinary skill in the art. Extrinsic evidence also can be useful to explain the "context" of the invention that informs any claim construction.
