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 negotiations, …
Standard of Review Changes for Freeze-Out Mergers Read More »
Entities that are parts of technology standard-setting organizations are typically required to promise, in some fashion, to license patents essential to any resultant standard on reasonable and nondiscriminatory terms. Once the standard has been promulgated, the standard essential patents (“SEP”s) may be asserted in litigation and the patent holder is expected to live up to …
On March, 19 2013, the Supreme Court held that the “first sale” doctrine, which allows the owner of a copyrighted work to sell or otherwise dispose of that copy as he wishes, applies to copies of a copyrighted work lawfully made abroad. In a six to three decision, the Court reversed previous lower court rulings …
First Sale in Copyrights – Supreme Court takes a Fresh Look Read More »
The often-challenged Affordable Care Act suffered a potentially crippling constitutional blow in federal court on Thursday, when a trial judge in Washington, D.C., ruled that the government had wrongly spent billions of dollars in the past two years to reimburse insurance companies for providing health coverage at lower costs to low- and moderate-income consumers. U.S. District Judge …
The America Invents Act (AIA) has invoked significant changes to the U.S. patent system, a principal one being creation of Inter Partes Review (IPR), and concurrent elimination of the inter partes reexamination. Like the latter, the new Inter Partes Review is an administrative proceeding to invalidate patents, by allowing a party to petition the U.S. Patent …
Challenging A Patent Without Litigation – The New Inter Partes Review Read More »
Metadata download Descriptive Metadata (MODS) Preservation Metadata (PREMIS) All Content and Metadat Read More>> Categories Judicial Publications
Metadata download Descriptive Metadata (MODS) Preservation Metadata (PREMIS) All Content and Metadat Read More>> Categories Judicial Publications
Metadata download Descriptive Metadata (MODS) Preservation Metadata (PREMIS) All Content and Metadat Read More>> Categories Judicial Publications
The America Invents Act (AIA) creates new administrative trial procedures to challenge patentability outside litigation before a district court venue. These trial procedures are namely (1) Post Grant Review (PGR), (2) Inter Partes Review (IPR) and (3) a transitional program for covered business method (CBM) patents. These laws went into effect on September 16, 2012. …
America Invents Act Creates a Transitional Program for Covered Business Method Patents Read More »
The America Invents Act (AIA) creates new administrative trial procedures to challenge patentability outside litigation before a district court venue. These trial procedures are namely (1) Post Grant Review (PGR), (2) Inter Partes Review (IPR) and (3) a transitional program for covered business method patents. These laws went into effect on September 16, 2012. This …
