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March 17, 2006 |

The Effect on the Public Interest of 'NTP v. RIM'

When NTP and Research In Motion reached a settlement over NTP's claim that RIM's BlackBerry service infringed NTP patents, left unanswered was NTP's application to enjoin RIM from continuing to operate its wireless e-mail service. But the fanfare over the case may spur a dialogue about public interest factors that courts are to consider in deciding whether to grant an injunction against patent infringement. Such debate is particularly timely given that the Supreme Court will soon weigh in on the subject.
11 minute read
May 12, 2003 |

365 West End, L.L.C. v. Kristaponis

9 minute read
April 18, 2012 |

Expert Testimony on False Confessions and Territorial Limits of Donnelly Act

In their New York Court of Appeals Roundup, Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, analyze, among other rulings, a decision where the Court construed the Donnelly Act, New York's version of the Sherman Act, and reached two significant conclusions. First, to survive a motion to dismiss a plaintiff must allege market power in the relevant market in which defendants are alleged to have restrained trade. Second, an overseas conspiracy must have a very close nexus to harm to competition in the state for it to fall within the reach of New York's statute.
11 minute read
September 12, 2003 |

Federal Circuit Strengthens Patent Protection for Research Tools

In Integra Lifesciences I, Ltd. v. Merck KgaA, the U.S. Court of Appeals for the Federal Circuit dramatically narrowed the safe harbor from patent infringement afforded to drug developers under 35 U.S.C. � 271(e)(1) -- the "safe harbor" provision of the Hatch-Waxman Act -- and restored the vitality of patent rights with respect to research tools.
10 minute read
April 30, 2008 |

Unpublished Opinions

Unpublished state and federal court opinions.
52 minute read
March 07, 2011 |

Patented Systems: Who Uses Them and Who Infringes on Them

Elements common to a computer system include processors, input and output devices, and memory. A patent claim on such a system may follow the movement of information among the parts, where physical control of the components may be vested in two or more different people. This presents a unique challenge to claim enforcement in the Federal Circuit, say attorneys David A. Kalow and Milton Springut.
9 minute read
February 05, 2010 |

Unpublished Opinions

Unpublished state and federal court decisions.
42 minute read
March 04, 2011 |

Patent Infringement and Systems Claims in the Information Age

David A. Kalow and Milton Springut, partners at Kalow & Springut, write that the practitioner who counsels clients in the computer and information technology industries should be mindful that, if improperly drafted, the client's patents directed to systems might not be available for them to sue their competitors.
9 minute read

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