Successor Interests

News & Analysis as of

The flight of the operators: Resignation provisions under joint operating agreements

“The Devil is in the details, but so is salvation” - So said Admiral Hyman G Rickover, regarded as the father of the United States’ nuclear powered navy. It is with similar sentiments that both operators and non-operators in...more

Stent Contract Collapses Standing Argument - TriReme Med., LLC v. AngioScore, Inc.

Addressing the issue of when patent rights are assigned under a contract, the US Court of Appeals for the Federal Circuit overturned the district court’s finding that a prospective inventor had surrendered his rights to an...more

Five-Year Dismissal Statute not Tolled by Order Staying the Case

Milton Howard Gaines v. Fidelity National Title Insurance Company - Supreme Court of California (February 25, 2016) - Code of Civil Procedure (hereafter “C.C.P.”) § 583.310 requires an action to be brought to...more

New Party Has No Cause of Action to Appeal PTAB Decision (Agilent Technologies, Inc. v. Waters Technologies Corp.)

Addressing the statutory cause of action requirement to appeal a reexamination decision, the U.S. Court of Appeals for the Federal Circuit dismissed an appeal, finding that the appellant was not a third-party requester of the...more

Federal Circuit Review | February 2016

Federal Circuit Dismisses an Appeal of an Inter Partes Reexamination for Lack of Standing Where the Appellant Failed to Establish that it was the Successor-in-Interest to the Original Petitioner - In Agilent...more

Merry Christmas! Rights to “Santa Claus’ Is Comin’ to Town” Return to Songwriter’s - Baldwin v. EMI Feist Catalog, Inc.

Baldwin v. EMI Feist Catalog, Inc.Addressing issues of copyright ownership and the effectiveness of copyright termination notices, the U.S. Court of Appeals for the Second Circuit reversed the district court’s summary...more

Rupa Marya v. Warner/Chappell Music Inc. - USDC, Central District of California, September 23, 2015

District court grants plaintiffs summary judgment, holding that defendants never acquired rights in and do not own valid copyright to lyrics of “Happy Birthday to You.” In 1893, the Hills assigned their rights to the...more

Real World: An Update from Dechert's London Finance and Real Estate Group - July 2015: Enforcement of Restrictive Covenants Under...

Under a building scheme, where restrictive covenants are imposed on the original plot owners within a development for the mutual benefit of the plots, subsequent owners may enforce those covenants against each other. In...more

The Family Buyout: Tips for Success

In the life cycle of a family business, one common event is the purchase by one or several family members of the interests in the business held by other family members. Because of the family relationships inherent in such...more

Fifth Circuit Court Reverses Tax Court Ruling on Fractional Interest Valuation Discounts

On September 15, the U.S. Court of Appeals for the Fifth Circuit reversed a 2013 Tax Court decision that had allowed only a nominal, 10% fractional interest discount for artwork included in a decedent’s estate....more

Some Valuation Observations Relating To LLC Interests

A recent Tax Court case addressed some interesting issues relating to the estate tax value of an LLC interest. Below is a summary of these issues....more

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