News & Analysis as of

Plain Meaning

McDermott Will & Emery

Statements in Unrelated Application Don’t Narrow Claim Term

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The US Court of Appeals for the Federal Circuit vacated a stipulated judgment of noninfringement in a patent infringement dispute after construing a disputed claim term, taking a more literal approach than the district court...more

Venable LLP

Plain Meaning or Precedent? Why Not Both?

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Imagine you're crafting an argument in an appellate court. The key statute has language that favors you, but a decades-old Supreme Court case goes the opposite way. Or, from the other side, the case is favorable but the...more

Winstead PC

Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will

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I. Introduction Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000)....more

Bradley Arant Boult Cummings LLP

Endorsement Read to Require Privity of Contract between Policyholder and Additional Insured to Extend Coverage - Construction and...

A recent New York case highlights the importance of thoroughly analyzing all contract language in minimizing project risk. In Gilbane Bldg. Co./TDX Construction Corp. v. St. Paul Fire & Mar. Ins. Co., the Court of Appeals of...more

Whitman Legal Solutions, LLC

Determining a Composer’s Message and a Contract’s Meaning

Interpreting a contract can be like creating an Urtext edition. As an Urtext edition is supposed to convey the composer’s original intention, the goal in contract interpretation is to determine the parties’ intentions when...more

Holland & Knight LLP

First Circuit: Trademark Licensee Doesn't Retain Rights After Rejection by Bankrupt Licensor - Court's Decision Causes Circuit...

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• Considered without reference to a corresponding definition, Section 365(n) of the Bankruptcy Code seems clear. If the trustee or debtor-in-possession, as licensor, rejects an executory intellectual property license, the...more

Sheppard Mullin Richter & Hampton LLP

“Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention

It is industry standard in California for owners of a construction project to make monthly payments to a contractor for work it has completed, less a certain percentage that is withheld as a guarantee of future satisfactory...more

Winstead PC

Court Addresses Common-Disaster Provision In Will

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In Stephens v. Beard, a husband shot his wife, who died immediately, and then shot himself. He died hours later in the hospital. No. 12-13-00160-CV, 2014 Tex. App. LEXIS 3895 (Tex. App.—Tyler April 10, 2014), rev’d, No....more

Mintz - Intellectual Property Viewpoints

Mintz Levin Convinces The Federal Circuit To Completely Reverse And Remand An Adverse IPR Final Written Decision For The First...

Mintz Levin has won extraordinary relief for its client, Straight Path IP Group, Inc., convincing the Federal Circuit to completely reverse and remand an IPR final written decision adverse to a patent owner for the first...more

Charles E. Rounds, Jr. - Suffolk University...

Trust Law’s Material Purpose Doctrine, the Traditional Protector of Settlor-Intent is Under Attack: The TEDRA Factor

In recent years, reformers of trust law have been hard at work defanging the plain meaning rule, primarily by liberalizing the doctrines of reformation and deviation. The rule is discussed generally in §8.15.6 of Loring and...more

McDermott Will & Emery

On a Plain and Ordinary Meaning of “Embedded” Code in a Web Page

Augme Techs., Inc. v. Yahoo! Inc. - Addressing a district court’s construction of the claim term “embedded” code as code “written into the HTML code of the web page” and the related summary judgment of non-infringement...more

Hinshaw & Culbertson LLP

Court favors plain and ordinary meaning of policy terms when insured claims policy language is ambiguous

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In Glassman, the plaintiff insured sued his disability insurer, Crown Life, claiming that while Crown Life had been paying his disability claim for well over two decades, it had failed to increase his benefits each year due...more

Nexsen Pruet, PLLC

District Court Opines That The Words Used In An Insurance Policy Actually Mean What They Say

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Many practitioners, both near and far, assert that a good number of our courts’ opinions, whether at the state or the federal level, are simply “result oriented” decisions where the court has decided what result it wants to...more

McDermott Will & Emery

Courts Continue Literal Interpretation of Subpart F Rules on Income Inclusion

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Consistent with prior judicial precedent, the U.S. Court of Appeals for the Fifth Circuit recently applied a literal interpretation of the Subpart F inclusion rules based on the plain meaning of Sections 951 and 956....more

Saul Ewing Arnstein & Lehr LLP

Guardian Elder Care at Brockway LLC v. WRC Highland View Healthcare: Absent Express Provision to the Contrary, a Buyer's Due...

On May 1, 2012, in a case argued by Saul Ewing attorney John F. Stoviak (with assistance from Braden A. Borger on the Brief), the Pennsylvania Court of Common Pleas (Jefferson County) held that reliance is not an essential...more

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