Federal Circuit Imperils Term-Adjusted Patents
November 01, 2023
The Federal Circuit recently upheld the Patent Office's decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP).
Enhanced Oversight of Search Warrants and Title III Wiretaps
November 01, 2023
Search warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace.
Landmines In Bankruptcy Appellate Practice
November 01, 2023
Pundits are raving about the current increase in business bankruptcy cases. But they rarely, if ever, mention the spike in bankruptcy appeals. A brief survey of recent decisions shows that appellate courts are, among other things, finding ways to (a) avoid making decisions or to (b) avoid litigation delay and uncertainty by expediting appellate review. Practitioners can avoid surprises by grasping what these courts are actually doing.
What Is Property for Due Process Purposes?
October 01, 2023
Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.
How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin Claims
September 01, 2023
On June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.
The Impact of the Supreme Court's Goldsmith Decision on Copyright Enforcement Against AI Tools
September 01, 2023
The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as "art critics." Many, however, downplay how the Supreme Court's decision impacts the ways in which copyright owners may enforce their rights against generative AI tools.
How to Build the Law Firm of the Future
September 01, 2023
The onus is on law firm leaders to balance risk and opportunity. How can firms guide through an increasingly perilous landscape rife with opposing hazards to start building the law firm of the future today?
