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IP News

Howard Shire & Shaleen Patel

Federal Circuit: Faulty Claim Construction Does Not End Patentability Determination Federal Circuit: Notice to Market Bio Product Not Negated By New Applications

Features

Does Force Majeure Apply? Answering Questions About Contracts in the Time of Coronavirus Image

Does Force Majeure Apply? Answering Questions About Contracts in the Time of Coronavirus

ljnstaff

New ebook from ALM's Law Journal Press addresses clients' questions about the enforceability of contracts in the wake of COVID-19.

Features

The ABCs of Assignments for the Benefit of Creditors (ABCs) Image

The ABCs of Assignments for the Benefit of Creditors (ABCs)

Mark S. Melickian & Hajar Jouglaf

General assignments for the benefit of creditors (ABCs) have been and continue to be a popular business liquidation device for the orderly wind down of corporations, limited liability companies, and even nonprofit corporations and general partnerships. Just as in bankruptcy, an ABC can also be used to facilitate a going-concern sale of the debtor's assets to a third-party. Includes an interactive state-by-state map.

Features

Legal Tech: How to Streamline Your eDiscovery and Plan for the Future  Image

Legal Tech: How to Streamline Your eDiscovery and Plan for the Future 

Brian Schrader

At law firms, attorneys will need to sustain the high quality of work they do in normal times, albeit with reduced budgets. The good news is that with ediscovery — an essential but expensive part of the litigation process — advances in technology since America's last recession have made it possible to save money and time by adopting a more modernized and comprehensive approach.

Features

New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision Image

New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision

Danielle C. Lesser

Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.

Features

Recent Court Views on "Making Available" Controversy in Copyright Infringement Image

Recent Court Views on "Making Available" Controversy in Copyright Infringement

Stan Soocher

Federal courts have long disagreed over whether the unauthorized "making available" of a plaintiff's works to the public is sufficient to constitute copyright infringement under the U.S. Copyright Act. Two June District Court decisions demonstrated the differences between the views of the Fourth and Ninth Circuits.

Features

Does Insurance Policy Cover Media Office COVID-19 Closure? Image

Does Insurance Policy Cover Media Office COVID-19 Closure?

Howard B. Epstein & Theodore A. Keyes

According to news reports, and judging from the plethora of lawsuits filed seeking insurance coverage for lost income incurred as a result of the COVID-19 pandemic, insurance companies are for the most part denying claims for business interruption losses. The type of insurance claim at issue may make a difference.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Insufficient Hostility to Establish Title By Adverse Possession or Prescriptive Easement Adverse Possession Claim Against Governmental Land Upheld When Land Not Held for Governmental Purposes No Preliminary Injunction in Action to Declare Sale Contract Void

Features

New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision Image

New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision

Danielle C. Lesser

Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.

Features

What You Need to Know About the USPTO's Proposed Rule Changes to PTAB Trials Image

What You Need to Know About the USPTO's Proposed Rule Changes to PTAB Trials

Kerry S. Taylor & Nathanael R. Luman

On May 27, 2020 the U.S. Patent and Trademark Office (USPTO) proposed rule changes to govern inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) review proceedings at the PTAB. This article provides a summary of each proposed rule change and its potential impact on PTAB practice.

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