Litigation

New York Law Journal

   |0 Comments

View the Digital Edition of this Special Report.

 

Know Your Limitations   

Jeffrey Q. Smith, a partner at Bingham McCutchen, and Brian A. Katz, an associate at the firm write that in New York, the court will generally evaluate plaintiff's claims under the statute of limitations in plaintiff's home jurisdiction and New York, and apply the shorter period pursuant to New York’s borrowing statute, CPLR §202.

Secure Enforceable IP Rights for Product Designs   

Catherine M. Clayton, Andrew MacArthur and Bill Hector of Gibbons write that to stop would-be imitators from wholesale copying and riding on the innovators' coattails, it is critical for IP owners to seek the appropriate type of protection for various aspects of their products, considering carefully the differences between utility and design patents and trademarks, trade dress and copyright protection.

A Tale of Two Doctrines   

Edward Flanders, a partner at Pillsbury Winthrop Shaw Pittman, Ranah L. Esmaili, a senior associate at the firm, and Peter Ostrovski, an associate, write that while the international comity abstention and forum non conveniens doctrines look to similar factors for guidance, an analysis of the same set of facts under each can lead a judge to reach opposite, and seemingly inconsistent, conclusions.

Federal Circuit Expands Indirect Infringement   

Michael P. Sandonato, a partner at Fitzpatrick, Cella, Harper & Scinto, and Dennis Gregory, an associate at the firm write that in 'Akamai,' the Federal Circuit expressly overruled 'BMC Resources,' and held that a party may be liable for inducing infringement even if no single entity carries out each of the steps of the patented method, so long as all of the steps have been carried out.

What's being said

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article# 1202584205004

Thank you!

This article's comments will be reviewed.