Publications
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 […]
Commercial real estate presents unique opportunities and challenges to the estate planner. Several planning strategies are available to place the appreciation of, or the income generated by, real estate outside the transfer tax system. In addition, because commercial real estate transactions often occur on a fractional basis, valuation discounts may well apply to transfer tax […]
You just finalized the settlement terms of a sexual harassment claim comprised of fairly provocative allegations. The employee initially filed a charge with the Equal Employment Opportunity Commission before suing in state court. The employer contested the material allegations, but is settling to avoid the costs, burdens and uncertainties of litigation and, in no small […]
On Dec. 10, 2014, the U.S. Court of Appeals for the Second Circuit reversed the convictions for insider trading of Todd Newman and Anthony Chiasson. The decision – United States v. Newman and Chiasson1 – addressed the proof needed to establish insider trading liability of “remote tippees,” i.e., individuals who were part of a chain […]
It has now been two years since the America Invents Act created new procedures for third parties to challenge the validity of issued patents in a contested validity trial in the U.S. Patent and Trademark Office before its Patent Trial and Appeal Board. Specifically, on Sept. 15, 2012, the AIA replaced inter partes re-examinations with […]
In the research, development and design of new products, an increasing number of startups are turning to “in-licensing” technology from universities and other institutions as a means of getting products to market quicker while reducing both risk and cost in the early stages of development. Rapid progress in product development also allows for financing opportunities […]
A step-by-step guide on the basics of forming a corporation under the Connecticut Business Corporation Act. Sample forms necessary to the process are also included.
Things did not go as Arab Bank had hoped. After 10 years of litigation and a five-week trial, a federal jury in Brooklyn took only two days to reach its verdict: Jordan’s Arab Bank PLC is liable to the plaintiffs for providing material support in the form of financial services to Hamas, a U.S. State […]
In this day of market meltdowns, failed recalls, and foreign bribery scandals, it’s commonplace to hear calls for criminal prosecution of individuals who, in the public’s mind, should be held responsible for such calamities. These calls predictably prompt apologetic responses, in turn calling for new regulation, beefed-up federal resources, and harsher penalties. Possibly lost in […]
For years, courts and bar organizations have grappled with the decline in civility among lawyers. Courts increasingly have adopted explicit rules requiring civility and searched for effective ways to enforce those requirements. Civility is hardly a new concept in the profession. The Model Rules of Professional Conduct make it a violation to “engage in conduct […]
In a world that now relies on computers for everyday tasks, the area of software and computer-implemented inventions has become essential for innovation. However, it is difficult to define what falls within the scope of a patent-eligible computer-implemented invention under the current legal guidance. Indeed, even the appeals court dedicated to providing uniform standards on […]
On August 16, 2012, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) released its highly anticipated decision in Ass’n for Molecular Pathology v. U.S. Patent & Trademark Office, No. 2010-1406 (Fed. Cir. Aug. 16, 2012) (“Myriad IV“), concerning the patent eligibility of isolated DNA under 35 U.S.C. § 101, on remand from […]
A series of recent decisions indicates that courts are more rigidly enforcing standards for the reasonable royalty calculation of patent damages awards. In particular, recent Federal Circuit decisions (as well as a district court case with Judge Rader of the Federal Circuit sitting by designation) show that the use of prior licenses of either the […]