Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Bill on Bankruptcy: Lehman Test Case on Judicial Nullification
Are Human Genes Patentable? Supreme Court Hears Oral Arguments in Myriad Case
AIA Impact on Start Up Capital
Video Sharing App Vine Hit with Takedown Notice from Prince
Can You Patent Human Genes? ACLU Says No
AIA Impact on University Innovation and Tech Transfer
'Gray Market' Lawyer: Congress Won't Change Copyright Laws
Oral Arguments Before the USPTO Patent Trial & Appeal Board
Patent Office Litigation Update: Impact on Timing
The Perfect Patent Office Litigator
Patent Office Litigation Update: Lessons Learned from Contested Proceedings at the USPTO
The Ska / DuClaw Trademark Dispute Over EUPHORIA, Trademark Lessons for the Craft Brewer
Harlem Shake's Copyright Issues
PTAB Judges and Hearings at the USPTO Satellite Offices
Craft Beer Boom in Michigan
Patent Office Litigation Update: Stays at the U.S. District Court
Study Reveals Alarming Statistics On Theft and Employee Misuse of Company Data
Unlocking Your Cell Phone Is Now Illegal, but Not for Long
Safeguards against Data Security Breaches (Part One)
The Decision Maker's Guide to Contested Proceedings Under the American Invents Act
Commercial general liability (CGL) policies are designed to protect policyholders against bodily injury and property damage. “Property damage” requires physical damage to tangible property or a loss of use of tangible...more
1. Standard governing liability under 93A - Higher standard applies for business plaintiffs – More decisions confirm that a business plaintiff must make a higher showing of defendant wrongdoing in order to prevail...more
This post is part of an occasional series highlighting the type of risks which film and TV producers face and which are supposed to be covered by E&O insurance. The series aims to demonstrate that what might seem to a...more
Workers' comp for sex on the job, tattoos in the workplace, neat contracts cases: all this and more in the BLG Monthly Update for Feb. 2013...more
In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more
We previously discussed the troubling issues of: a) whether your company’s insurance policy(ies) actually provides coverage for claims of IP infringement, and b) which of your policies is the one(s) you should be looking to...more
There were no significant decisions of the Supreme Court related to coverage this past quarter. The Courts of Appeal have provided us with several more decisions on contribution and subrogation. The following are brief...more
The long-running dispute between Mattel, Inc. and MGA Entertainment, Inc. over the ownership of the wildly successful Bratz doll line may be over, but the ensuing insurance coverage litigation continues. On October 12, 2012,...more
Litigation is an unfortunate necessity of business life. Sometimes, no matter how hard you try, it cannot be avoided. Owners and executives have more pressing things to do, but litigation sometimes is the only course, or the...more
In Hartford Casualty Ins. Co. v. Swift Distribution, Inc., __ Cal.Rptr.3rd __, 2012 WL 5306248 (Cal. Ct. App. Oct. 29, 2012), the California Court of Appeal held that the “advertising injury” coverage in a CGL policy does not...more
In this issue: - USPTO Issues Rules Implementing America Invents Act - The $60 Million iPad Trademark Lesson Applies to All Brands - Patent Insurance – It's Not Just for Defendants Anymore - Lights!...more
When purchasing insurance, an insurance-buyer generally seeks to protect him or herself against potential liabilities or risks of loss. For example, many companies will purchase patent liability insurance to offset the costs...more
The attorneys of Wendel Rosen’s Technology Practice Group have compiled this list of 10 common mistakes they’ve seen in the trenches. Smart companies will take the time to address these issues early in formation to prevent a...more
If you have been sued on an intellectual property claim, many people, including your insurance broker, may assume that the insurance policy that might protect you against IP claims is your current policy. Think again! ...more
When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island Park Apartments in 1996, it probably wasn't thinking of insurance coverage law. But, it appears likely that Looney's...more
When you enter into a contract with a vendor, you generally impose insurance requirements on the vendor and an indemnification obligation. But consider whether your current contracts have insurance requirements that would...more
Given the risks and costs of intellectual property (IP) infringement claims (even when your company isn’t found liable), most companies ideally want coverage of perceived infringement of the products they sell or the services...more
In its recent decision titled Feldman Law Group v. Liberty Mut. Ins. Co., 2012 U.S. App. LEXIS 7787 (2d Cir. Apr. 18, 2012), the United States Court of Appeals for the Second Circuit, applying Pennsylvania law, had occasion...more
Businesses today have complex, carefully-designed insurance plans to protect against physical property loss, environmental damage, defective products and other risks. Much of a company's value, though, is now tied up in its...more
This post is part of an occasional series highlighting the type of risks which film and TV producers face and which are supposed to be covered by E&O insurance, and which aims to demonstrate that what might seem to a producer...more
Insurance companies consistently assert that Commercial General Liability (“CGL”) insurance, routinely purchased by most businesses, provides no coverage for patent infringement lawsuits. An October 17, 2011 decision of a...more
On October 17, the U.S. Court of Appeals for the Tenth Circuit, applying Colorado law, reversed a district court decision and held that a patent infringement claim may constitute an "advertising injury," thereby triggering,...more
As has been mentioned on this blog numerous times, the "clearance" process for obtaining "errors and omissions" (E&O) insurance for film and TV projects can sometimes be an arduous, frustrating process for both producers and...more
U.S. Court of Appeals for the Fifth Circuit In Continental Cas. Co. v. Consolidated Graphics, Inc., ___ F.3d ___, 2011 WL 2644736 (5th Cir. (Tex.) July 7, 2011), the U.S. Court of Appeals for the Fifth Circuit held that...more
In an important decision for both policyholders and insurers, the Ninth Circuit recently reiterated the breadth of an insurer’s duty to defend its insured under California law even where no potentially covered causes of...more
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