Estoppel

News & Analysis as of

Cumulative Art Rejections v. Estoppel: Balancing Competing Interests In IPR Petitions

Inter Partes Review, or IPR, is one of the new procedures implemented through the Leahy-Smith America Invents Act that challenges a patent’s validity at the Patent Trial and Appeals Board (PTAB) of the United States Patent...more

“Don’t tell me not to worry, and please don’t call me partner.”

How many websites and marketing materials have you seen that identify a company’s suppliers and other vendors as “partners”? Does this mean that the company actually intends to communicate that it has formed a legal...more

Joint Venturer May Be Partner By Estoppel

Benjamin Disraeli is often credited with saying “With words we rule men”. I haven’t found a source for that particular quotation. Even if he never uttered or wrote those words, I like the quote and the idea that the former...more

The New York Court of Appeals Vacates its Decision and Rejects “Coverage by Estoppel”

The New York Court of Appeals rarely hears reargument of its decisions, let alone reverses itself. On February 18, 2014, the Court of Appeals did just that....more

IP Buzz - February 2014

In this issue: - Hotfile Case Will Shape Copyright Law Online - Pacific Coast Marine Windshields Ltd. v. Malibu Boats, LLC et. al.: Federal Circuit Decision Confirms Application of Principle of Prosecution...more

Pacific Coast Marine Windshields Ltd. V. Malibu Boats, LLC et. al.: Federal Circuit Decision Confirms Application of Principle of...

On January 8, 2014, the Federal Circuit in Pacific Coast Marine Windshields Ltd. V. Malibu Boats, LLC. et. al. confirmed that prosecution history estoppel applies to design patents. Although application of this doctrine to...more

Be Careful What You Draw: Prosecution History Estoppel Applies to Design Patents - Pacific Coast Marine v. Malibu Boats, LLC

Addressing for the first time the applicability of prosecution history estoppel in design patent cases, the U.S. Court of Appeals for the Federal Circuit reversed the lower court, holding that while prosecution history...more

Washington Insurance Law - 2013 Year in Review

2013 was a particularly eventful year in Washington insurance law. This paper summarizes the holdings of several notable Washington insurance decisions that were filed in 2013. Bad Faith - Attorney-Client...more

Pacific Coast Marine Decision Confirms Application of Prosecution History Estoppel to Designs

The Federal Circuit handed down a 3-0 decision on Jan. 8, 2014, in Pacific Coast Marine Windshields Limited v. Malibu Boats, LLC et al., recognizing that the concept of prosecution history estoppel applies to design patents....more

Doctrine of Paternity by Estoppel and Child Custody

The doctrine of paternity by estoppel is most often applied in child support cases to either preclude a man who has held the child out as his own from avoiding support of the child after his relationship with the child's...more

The Latest In Patent Reform: The Innovation Act (H.R. 3309)

Over the past year, various lawmakers have floated a flurry of patent reform proposals aimed at curbing patent litigation abuse by so-called “patent trolls,” or non-practicing patent enforcement entities. President Obama...more

Employers Should Be Aware Of The Risks Of Unexpected FMLA Liability

Executive Summary: While most companies are aware of the liability they may face if they violate the FMLA, a recent decision from the Eleventh Circuit serves as a reminder of just how important it is for employers to train...more

CIS Legal Update - September 2013: Review of Russian Commercial Court Practice in Proceedings Involving Foreign Entities

The Presidium of the Supreme Arbitrazh (Commercial) Court of the Russian Federation (the “Presidium”) published Information Letter No. 158 on 9 July 2013 containing a review of judicial practice in cases involving foreign...more

Plaintiff estopped from denying liability for attorneys’ fees

The Plaintiff in this Homeowner’s Association case lived and owned a home within a multi-association community. His neighborhood was governed by a Homeowners Association and the collection of neighborhoods in his community,...more

New York Court of Appeals Sets Forth New Rule for Breach of Duty to Defend

In its recent decision in K2 Investment Group, LLP v. American Guarantee & Liability Ins. Co., 2013 N.Y. LEXIS 1461, 2013 NY Slip Op. 4270 (NY June 11, 2013), New York's Court of Appeals – New York’s highest court –...more

Tenth Circuit Applies Broad Interpretation Of “Interrelated Wrongful Acts” Under New York Law

In Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, ___F.3d ___, 2013 WL 1943338 (10th Cir. (Kan.) May 13, 2013), the United States Court of Appeals for the Tenth Circuit broadly applied the definition of...more

I Saw the Sign, and It . . . Was Taken Down?

Those don't quite sound like the lyrics to the early-90's popular Ace of Base hit, "The Sign." But they likely describe the situation of many travelers on the I-10 freeway in Los Angeles thanks to a recent California Court...more

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