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Features

Equity In Broad and Flexible Fashion Image

Equity In Broad and Flexible Fashion

Kelvin Han

Federal Circuit Wasn't Chicken to Grant Equitable Intervening Right in Poultry Processing Equipment Case A dispute between the two titans in the poultry processing equipment market led the U.S. Court of Appeals for the Federal Circuit to construe the term "protection of investments" in 35 U.S.C. §252.

Features

How Does a Bankruptcy Litigator Move from One Law Firm to Another? Image

How Does a Bankruptcy Litigator Move from One Law Firm to Another?

Earl M. Forte 

Chapter 11 work can be episodic and uneven, and while litigation skills are essential, it is also quite specialized. So, given these qualities, how does a bankruptcy litigator go about moving from one law firm to another, and what are the pitfalls?

Columns & Departments

IP News Image

IP News

Howard Shire & Shaleen J. Patel

On March 12, the Federal Circuit granted Janssen Pharmaceutica's motion to dismiss Mylan Laboratories' appeal and denied Mylan's request for mandamus relief, holding that it lacked jurisdiction to hear Mylan's appeal.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Owner Entitled to Cancellation of Notice of Pendency Upon Posting of Bond Mortgage Enjoys Priority Over Homeowners Association Lien for Common Charges Bona Fide Purchasers Protected When They Had No Notice of Alleged Fraud Failure to Inspect Premises Precludes Purchasers' Claim for Fraud Broker Conflicts of Interest Did Not Constitute Breach of Contract or Breach of Fiduciary Duty

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Sponsor Liable for Fraudulent Conveyance to Related Entities President of Unincorporated Condominium Association Not Entitled to Indemnification Legal Malpractice Claim Dismissed Use of Commercial Unit Did Not Violate Zoning Regulations or Condominium Bylaws

Columns & Departments

Development Image

Development

NYRE Staff

Village Lacked Power to Obligate Village Board to Enact Zoning Amendments Landowner Entitled to Certificate Confirming Pre-Existing Nonconforming Use Neighbor's Challenge to Approval of A Building Permit Dismissed As Untimely

Features

Litigation Over Tom Clancy Works Involves Fundamental, But Complex Copyright Elements Image

Litigation Over Tom Clancy Works Involves Fundamental, But Complex Copyright Elements

Stan Soocher

Current copyright litigation in the U.S. District Court for the District of Maryland involving Clancy's widow Alexandra and his former wife Wanda King is complex, but involves fundamental issues of copyright ownership.

Features

Patent Litigation Growth In 2020 Points to Sustained Activity In 2021 Image

Patent Litigation Growth In 2020 Points to Sustained Activity In 2021

Rob Maier

Despite the recession — or partly as a result of it — 2020 was also a year of growth for patent litigation in the United States. This article provides a look back at patent litigation filing statistics in recent years across district courts in the United States, with an eye toward current trends that in all likelihood will continue deep into 2021.

Features

'Stranger Things' Copyright Claim Survives Motion to Dismiss Image

'Stranger Things' Copyright Claim Survives Motion to Dismiss

Alan R. Friedman

In response to a copyright claim in the U.S. District Court for the Central District of California that the Netflix series Stranger Things infringed on Irish Rover Entertainment's unpublished screenplays, Netflix and the other defendants filed a Rule 12(b)(6) motion to dismiss, arguing that the works were not substantially similar as a matter of law.

Features

Licensing Audits from Licensees' Perspective Image

Licensing Audits from Licensees' Perspective

David Schnider

The audit clause is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.

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