Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


Cooperatives & Condominiums
The latest rulings of importance to you and your practice.
Landlord & Tenant
The most recent rulings of importance to your practice.
Index
A complete listing of key cases appearing in this issue.
IP News
Highlights of the latest intellectual property cases and news from around the country.
The Reverse Doctrine of Equivalents Part 1 of 2
The ability of patents to encourage innovation by granting exclusive rights is well-recognized. However, patents can serve an antithetical role as well by, in certain circumstances, deterring, rather than encouraging, innovation.
Enforcing Reverse Engineering Prohibitions in Shrink- and Click-wrap Licenses: A Report on Bowers v. Baystate Technologies, Inc.
The practice of "reverse engineering," whereby one company obtains the product of a competitor and works backwards "to divine the process which aided in its development or manufacture," has long been accepted as a legitimate (and sometimes wholly necessary) practice in the computer software marketplace. <i>Kewanee Oil Co. v Bicron Corp.</i>, 416 U.S. 470, 476 (1974).
Patent Infringement Damages: Riding The Wine Railway Can Be Expensive
When the plaintiff in a patent litigation contends that it has never made or sold the product protected by its patent, alarm bells should start clanging in the ears of defense counsel. For the odds are that the plaintiff is angling to take advantage of a little-used aspect of the law of patent damages that can lead to a windfall recovery for patent infringement. It is the <i>Wine Railway</i> exception to the well-known "notice" provision of the patent statute. Created by the Supreme Court in <i>Wine Railway Appliance Co. v. Enterprise Railway Equipment Co.</i>, 297 U.S. 387 (1936), the exception can lead to catastrophic and unforeseen patent damage awards. Such damages are unforeseen (and, some would argue, unfair and undeserved) because they arise without any notice of infringement, actual or constructive.
Service With A Smile: Cutting Client Services Means Cutting Profits
Faced with the most difficult economic conditions in years, many law firms are looking for ways to maintain a competitive edge ' without negatively impacting cost structures. Investing in client service is a strategy that reaps both long- and short-term benefits.
The Attorney, Unemployed
Ask Lee Feldshon, a 33-year-old entertainment lawyer who lives in New York. He graduated from Columbia University Law School in 1994, worked at New York's White &amp; Case and several other well-established law firms in the 1990s, then landed a job as director of legal affairs for Madison Square Garden in 2001. He got laid off in 2002.
Understanding The Rights and Obligations Of Your Military Reservist Employees Part 1 of 2
With the recent conflict in Iraq and the country's ongoing focus on homeland security, many employers find themselves confronting for the first time a significant body of employment rights and obligations imposed by the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA). As of April 1, 2003, the Department of Labor estimated that 220,000 reservists and National Guard members were on active duty, and that roughly 280,000 reservists and Guard members had been called up since September 11, 2001, surpassing the total number called to active duty for the first Persian Gulf War.

MOST POPULAR STORIES

  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
    Read More ›
  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
    Read More ›
  • AI or Not To AI: Observations from Legalweek NY 2023
    This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
    Read More ›