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<i>Gilead Sciences, Inc. v. Natco Pharma Ltd. </i>
June 02, 2014
Upon issuance, can a later-issued (but earlier-expiring) patent qualify as a double patenting reference against an already issued (but later-expiring) commonly owned patent of the same inventor? In Gilead Sciences, the Federal Circuit held that it could.
Case Notes
June 02, 2014
Analysis of a recent key case.
In the Courts
June 02, 2014
Discussion of the <I>Janus</I> Holding
Court Watch
June 02, 2014
Inconsistent Testimony Made Plaintiff Not Typical off Proposed Class <br>Franchisor Sanctioned For Failing to Prepare Its Representative for Corporate Deposition<br>Federal Court Enforces Franchisee Post-Termination Obligations
Intent to Use
June 02, 2014
Bona fide intent was given new meaning by the TTAB. <i>Lincoln National Corporation v. Anderson,</i> exemplifies an apparent trend of the TTAB requiring greater proof of an applicant's "intent" as a jurisdictional prerequisite for filing an application or face a finding that the application is void <i>ab initio.</i> This is the paradigm of the "ticking time bomb" trademark nightmare with a very long fuse.
The 'Going and Coming' Rule
June 02, 2014
Although the "traveling employee" exception to the "going and coming rule" is strictly limited to workers' compensation cases, it has been widely applied to many cases that the exception has evolved into its own rule.
The Fifth Circuit Takes On the Issue of Prepayment Premiums
June 02, 2014
In a recent decision by the Fifth Circuit, the court held that a lender's pre-bankruptcy acceleration of a promissory note arising from a borrower's nonpayment default did not trigger provision for a prepayment premium in the absence of an actual loan prepayment.
Counsel Fees: A Tipping Point
June 02, 2014
The recent decision in <I>Sykes v. Sykes</I> sent shock waves reverberating throughout the New York matrimonial bar for its direction that during the pendency of a divorce litigation, the less monied spouse may be required to use a portion of her share of the marital estate to pay her legal fees, rather than continue to have such fees paid by the wealthier spouse.
Ten Reasons to Just Say No to New Work
June 02, 2014
The battles to land new clients and matters are fierce and the consequences of losing are far more damaging than ever. Nevertheless, there are times when the smart play is to decline, no matter how alluring the likely fees are.
Yahoo Accuses Ex-Employee of Taking SecretsTo Startup
June 02, 2014
Yahoo Inc. has filed a lawsuit accusing a former employee of lifting Yahoo's patents and confidential information, and taking them with him to his new startup.

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