Foreign Lost Profits Recoverable for Patent Damages
August 01, 2018
The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in <i>WesternGeco LLC v. ION Geophysical</i> rejects the Federal Circuit's categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.
Waiving the Right to <i>Yellowstone</i> Injunctive Relief
August 01, 2018
In a case of first impression, and after it decided public policy would not be offended, New York's Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a <i>Yellowstone</i> injunction in <i>159 MP Corp. v. Redbridge Bedford,</i>
Legal Tech: Approaches and Considerations for Discovery Cost Minimization and Recovery
August 01, 2018
The costs of litigation increase with ever more potentially responsive data, litigation technology options, and a truly global reach in the context of much litigation. In response, law firms must continue to consider viable approaches to broaching discussions surrounding the recovery of these costs both within the firm and, more importantly, with law firm clients.
Compensation Issues from Cancelled Roseanne TV Show
August 01, 2018
It is rare that a hit network television series is cancelled, as recently occurred with the ABC series <i>Roseanne</i>. But when that happens, the immediate and long-term implications for the network, producers, talent and other entities related to the series can be significant.
Supreme Court to Review Post-AIA On-Sale Bar
August 01, 2018
The U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare: whether, under the Leahy-Smith America Invents Act (AIA) an inventor's sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.