Do Business Method Patents Hurt or Help? A Financial Industry Perspective, 14 VA. J.L. & TECH. 147 (2009). Abstract The State Street Bank decision of 1998 affirmed U.S. business method patents. Along with the subsequent downpour of patent filings came a shower of commentary from the legal and business communities alike. The literature has generally [...]

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08/21/2013 In 2004, the Fourth Circuit revived a two prong test for a copyright claim involving architecture between two home builders in Charles W. Ross Builder, Inc. v. Olsen Fine Home Building, 2012 WL 5447871 (4th Cir. Nov. 8, 2012). Rick and Jennifer Rubin, who wished to build new home, had visited the plaintiff Ross’s [...]

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06/16/2013 On May 29, 2013, the Delaware Chancery Court, in its landmark decision of In re MFW Shareholders Litigation (MFW), held that the “deferential business judgment rule” is the correct standard of review for freeze-out mergers, as opposed to the more rigorous “entire fairness standard.” This decision requires that a freeze-out merger, from the inception of merger [...]

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8/19/2013 On July 22, 2013, a model order relating to the number of asserted claims and prior art references in patent litigations was released on the Federal Circuit Advisory Council’s webpage. The order required that in the first phase, plaintiffs must select 10 claims per patent, and 32 claims total, 40 days after production of [...]

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08/11/2013 On August 7, 2013, the Federal Circuit affirmed-in-part the lower court’s decision in Apple Inc. v. ITC (2012-1338) finding no Section 337 violation in Certain Mobile Devices, and Related Software Thereof (Inv. No. 337-TA-750). The Federal Circuit ruled that Apple’s U.S. Patent No. 7,663,607, which related to a touch panel with a transparent capacitive [...]

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  • Standard of Review Changes for Freeze-Out Mergers

    06/16/2013 On May 29, 2013, the Delaware Chancery Court, in its landmark decision of In re MFW Shareholders Litigation (MFW), held that the “deferential business judgment...

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  • The Federal Circuit Rules on Apple v. ITC

    08/11/2013 On August 7, 2013, the Federal Circuit affirmed-in-part the lower court’s decision in Apple Inc. v. ITC (2012-1338) finding no Section 337 violation...

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