Nothing conjures memories of law school like writing a case brief (with the possible exception of an emergency root canal). Nonetheless, the judicial bar fight that is the Federal Circuit en banc decision in CLS Bank v. Alice Corp inspires me to dust off my case briefing skills, starting with Judge Lourie’s plurality concurrence as joined by Judges […]
Bonds hold a certain mystery for the uninitiated, and not for nothing. But they’re not so complicated, and at their essence, they’re no more than contracts. The basis of any bond is that a surety (the party posting the bond) guarantees to pay if the principal (usually the contractor) defaults on an obligation. A […]
It is important for a patent application to list the proper inventors. An inventor is not just someone that you want to put on a patent application, but must be someone that contributed in some way to at least one claim in the patent application.
What is Construction Law?
Construction law is really a form of contract law, but a very complex and technical form of contract law that has many additional twists and turns. It can also include tort claims, as in the case of construction defects or negligence. Construction law for starters involves some form of design or construction project. The parties involved range from owners to architects and engineers to contractors and subcontractors with several parties in between.
Brace yourselves for a months-long uptick in the ever-smoldering debate over software and business method patents. This time, the fuel to the fire is the Federal Circuit en banc decision issued on May 10, 2013 in CLS Bank v. Alice Corp. Much will be written in the coming days about the areas of disagreement between the various […]
Mediation-is it a good idea?
By: Eric L. Hostetler
Mediation can either be voluntary or ordered by the court, depending on the jurisdiction. Mediation is becoming more and more common in small claims cases as the court will provide Supreme Court approved mediators to discuss your case after the pre-trial conference. In most circuit court cases, the Judge will require the parties attempt to mediate as part of a pre-trial order.
Doctrine of Patent Exhaustion Examined in Bowman v. Monsanto Company
Monsanto, a Missouri headquartered company which manufactures a genetically modified soybean seed called the Roundup Ready Seed sued farmer Vernon Bowman for infringing on their seed patent. Monsanto claimed Bowman reproduced their patented seeds for planting and harvesting without their permission. Can a farmer reproduce patented seeds?
Each state has its own unique set of marital property laws in place to govern divorce settlements. A state will either follow separate property or community property laws. In separate property states such as Florida, property acquired during the marriage by one spouse remains that spouse’s property upon divorce, whereas in community property […]
