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We’re counting down to the new year with a recap of the five most influential patent decisions from 2024. Spanning damages, design patents, infringement loopholes, issue preclusion, and prior art disqualification, the U.S. Court of Appeals for the Federal Circuit had an active year issuing cases with a direct impact on innovation. With several of these decisions currently on appeal to the U.S. Supreme Court, 2025 is shaping up to bring even more change.
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We begin with the only en banc patent decision expected from the Federal Circuit this year. In LKQ, the court overturned its long-standing Rosen-Durling decision, potentially opening a larger pool of prior art to design patents.
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In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.