Business Litigation and Civil Practice
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A patent mess: Judicial appointments in question
Patent cases typically involve high stakes and even larger dollar amounts.
But a recent petition for certiorari filed in the U.S. Supreme Court could be the most high-profile patent law case in years.
At issue: the validity of the appointment of 46 (out of 74) patent judges and any decisions they rendered in the last eight years.
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May 5, 2008
Nuisance claim against gun dealers dismissed
The City of New York can’t pursue claims against gun manufacturers and suppliers based on a state criminal nuisance statute, the 2nd Circuit has ruled.
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May 19, 2008
Internet availability alone doesn’t infringe copyright
A copyright is not infringed by merely making a recording available online, a U.S. District Court in Arizona has ruled in denying the recording companies’ motion for summary judgment.
The defendant testified he had purchased compact discs and had loaded them onto his computer for personal use, but that the file-sharing program had permitted public access to the files without his authorization.
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May 19, 2008
Credit card companies can be sued for antitrust violations
Credit card companies that agreed with each other to impose mandatory arbitration on their customers can be sued for violating antitrust law, the 2nd Circuit has ruled in reversing a dismissal.
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May 5, 2008
Pay now, die later
Estate planners need to be aware of the risky nature of prepaid funeral plans given the marked increase in suits over misuse of this money by funeral homes.
The new owner of a Memphis mortuary recently announced he would not honor 13,500 prepaid funerals held by the company.
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May 5, 2008
Patent reform bill in peril
Legislation aimed at overhauling the U.S. patent system hit a perilous snag in the Senate over a controversial provision that would change the way infringement damages are calculated.
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May 5, 2008
Law firm’s use of driving records permissible
A law firm didn’t violate the Driver’s Privacy Protection Act by obtaining and using 284,000 driving records from the state licensing bureau for litigation-related purposes, the 11th Circuit has ruled.
