Publications
Introduction Unmanned aerial vehicles (“UAVs”), also referred to as unmanned aircraft systems (“UASs”) or drones, have been operating in the United States and abroad for over two decades. Previously, however, UAVs were relegated to limited, governmental uses – principally for military and federal law enforcement purposes. For example, as well-documented, the U.S. military has used […]
For several years, there have been rumblings that Congress will be passing patent litigation reform. The proposed reforms have primarily been directed at addressing complaints about so-called “patent trolls” that misuse “bad patents” by bringing resulting vexatious and costly litigation that leave companies with a choice between paying to defend the lawsuit and paying a […]
The federalism debate has continued to serve as a point of controversy and division in American politics and jurisprudence.1 The balance of power between the states and the federal government has shifted over time reflecting the realities of this debate. Historically, the states were thought to possess the exclusive power to regulate ‘‘their purely internal […]
Medical malpractice claims are often accompanied by emotional distress claims asserted by the patient’s family members. In Maloney v. Conroy, 208 Conn. 392 (1988), the Connecticut Supreme Court held that “bystanders” to medical malpractice may not recover for their own emotional distress. When Maloney was decided, the Supreme Court had not yet recognized bystander emotional […]
On March 18, the National Labor Relations Board’s general counsel, Richard F. Griffin Jr., issued Memorandum GC 15-04, seeking to clarify what types of employer policies and rules are considered lawful and which are likely to interfere unlawfully with employees’ rights under the National Labor Relations Act. All employers, regardless of whether they have union-represented […]
On March 31, the U. S. Supreme Court handed down its ruling in Armstrong v. Exceptional Child Center, holding that providers cannot sue under the Supremacy Clause to invalidate Medicaid rates that conflict with the Medicaid Act's requirements that rates be sufficient to support quality care and enlist enough providers to ensure equal service access […]
For years, the military has promoted keeping “left of boom.” The idea is that on a time line from left to right, soldiers should anticipate and avoid – that is, stay left of – harmful and hazardous events, or the “boom.” This article briefly highlights the risks associated with the recent convergence of health care’s […]
In the past five years the U.S. Supreme Court has addressed some of the nation’s most controversial issues, overturning acts of Congress by 5-4 majorities. Many of these decisions have invalidated high-profile laws, including portions of the Voting Rights Act in Shelby County v. Holder, the section of the Defense of Marriage Act defining “spouse” […]
The past few years have seen monumental changes to U.S. patent law. Indeed, anyone who has not recently litigated a patent case will discover a game with changed fundamental rules and strategies. The days where a holder of a marginal patent can rest assured that the presumption of validity, the cost of litigation and favorable […]
I. Introduction “Termination” sounds so final: An ending, a period at the end of the sentence, done. As both franchisors and franchisees know (or should know), however, a coda generally follows. Almost any post-termination period involves some housekeeping and mop-up, as well as continuing duties that may last for years. It is easy to lose […]
It is a cardinal rule of antitrust that—absent very limited exceptions—parties can do business with, or refuse to do business with, whomever they choose. The Supreme Court solidified that premise in United States v. Colgate & Co.1 and has reiterated it time and again.2 Recent state legislation and lawsuits arising in the contact lens industry […]
Introduction The rise of the Information Age and the increased use of the Internet have spawned many software-based technologies and business methods. This has raised the important question of whether software and computer-implemented business methods can be protected under U.S. patent law. The U.S. Supreme Court addressed this important question last summer in Alice Corp. […]
When a dispute arises, parties to a contract generally look for ways to stay out of court if they can. Including a clause requiring mediation before litigation is one way to accomplish that goal. This kind of clause can make good business sense: after all, being warned of a dispute and having the chance to […]
AbstractThe Federal Circuit sitting en banc, found that a party may be liable for induced infringement of a method claim, even where no single party performs all of the claimed steps.
AbstractThe US Court of Appeals for the Federal Circuit held the claims of a computer-implemented financial management patent to be ineligible under 35 USC §101 as directed to the abstract idea of managing a stable value protected life insurance policy.
Abstract The US Court of Appeals for the Federal Circuit in addressing the role of secondary considerations of non-obviousness and the weight to be accorded to them found no error in the jury’s reliance on overwhelming evidence of secondary considerations of non-obviousness to conclude that a prima facie case of obviousness was overcome, thus saving […]
AbstractIn Mintz, the US Court of Appeals for the Federal Circuit set forth protections against improper hindsight analysis in analysing whether a claimed invention is obvious.
AbstractA Practice Note discussing patent infringement claims and defenses in the US federal courts. It provides an overview of direct and indirect infringement claims, claim construction and key defenses under US patent law, as modified by the Leahy-Smith America Invents Act (AIA). It also includes a brief discussion of procedural considerations, remedies and alternative forums […]
“IMPORTANT!! Tomorrow, Facebook will change its privacy settings to allow Mark Zuckerberg to come into your house while you sleep and eat your brains with a sharpened spoon. To stop this from happening go to Account > Home Invasion Settings > Cannibalism > Brains, and uncheck the “Tasty” box. Please copy and repost.” – Satirical […]
Selected for publication in introduction edition of Teen Rights and Freedoms: Social Networking, scheduled for release December 2011 Introduction The move toward online communication has the potential to throw off the historically careful balance that has been struck regarding First Amendment issues in the realm of “student speech.” In a seminal trilogy of cases, the […]
Originally Published in the April 2014 Issue of TerraLex Connections.IntroductionJustice Department prosecutions and Securities and Exchange Commission enforcement actions have once again brought sensationalist attention to insider trading. Headlines blare about the existence and reliance upon “expert” networks by traders and managers, the use of wiretaps and informants in the heretofore exempt world of hedge […]
Originally Published in the June 2014 Issue of TerraLex Connections The question of whether a court may exercise personal jurisdiction over foreign product manufacturers on the basis of introducing goods into the “stream of commerce” has produced much litigation and confusion since that phrase was introduced in World-Wide Volkswagen Corp. v. Woodson.1 In 2011, after […]
On February 24, 2014, the Senate confirmed Jeffrey A. Meyer as the 37th U.S. District Judge appointed to serve the District of Connecticut. At his investiture, Judge Meyer commented on the judicial robes he had just donned. Not only is the robe itself emblematic of the neutrality and impartiality required in judges, but the various […]
John Doroghazi Joel Siegel ABA 37th Forum on Franchising
On April 1, 2010, the U.S. Court of Appeals for the Second Circuit affirmed most aspects of the decision of the U.S. District Court for the Southern District of New York in Tiffany v. eBay. Tiffany v. eBay is significant because it addresses whether the online auction site eBay may be liable under theories of […]
Who’s Who Legal brings together four of the leading practitioners in the world to discuss key issues facing franchise lawyers today.
© 2014 Thomson Reuters. All rights reserved. Use of Practical Law websites and services is subject to the Terms of Use and Privacy Policy. Practical Law Company services are now a Thomson Reuters Legal Solution.® An Article discussing the patent eligibility of software and computer-implemented business methods in the wake of the Supreme Court’s decision […]
I. Introduction Discovery rules and procedures have evolved over the years to serve many functions in the dispute resolution process. The goal of discovery is to ensure that the parties have as much information as possible in order to effectively and efficiently develop claims and defenses.[1] Further, effective discovery is key to successful dispositive motions […]
The mission of the Janet D. Steiger Fellowship Project (“Steiger Fellowship Project”) is to provide law students with the opportunity to work in the consumer protection departments of state and territorial Offices of Attorneys General throughout the United States, as well as consumer protection agencies not affiliated with state attorneys general offices in Connecticut, Georgia […]
This is the very ecstasy of love, Whose violent property foredoes itself, And leads the will to desperate undertakings. William Shakespeare, Hamlet, II.i.99-101. On June 2, 2014, the U.S. Supreme Court issued its opinion in Bond v. United States,[1] a case addressing a fundamental question of federalism: When it comes to federal prosecutions, when does […]