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Suit Against McGraw-Hill Raises New Privacy Issues
Do textbook publishers who use people's personal stories have the same First Amendment immunities as news outlets? And how much of the right to control one's public persona is lost when the story appears first on the Internet? Those are some of the issues raised in a suit that touches on the right of publicity and the definition of news. The plaintiff's lawyer, Robert Merenich, says the fact that the dispute arises over an issue of medical privacy adds an additional element of interest.Suit Against Producers of 'Bourne' Film Proceeds
A writer who claims to have penned a screen treatment in the 1970s based on author Robert Ludlum's "The Bourne Identity" can continue to pursue his suit against the creators of the 2002 hit movie of the same title. Manhattan Supreme Court Justice Bernard Fried declined to dismiss the action in spite of some defendants' strenuous arguments that the statute of limitations in the breach of contract case had expired. The Universal film, which grossed over $200 million, did not use the plaintiff's treatment.
Representing Corporate New Jersey
Chart on the in-house counsel representing New Jersey corporations.Gunster Yoakley Sued by Nonclients Claiming Malpractice
Three foreign companies are relying on a recent ruling allowing third-party legal malpractice claims to allege that Gunster Yoakley damaged them by not disclosing crucial information in a debt offering. In March, the Florida Supreme Court held that a third party can sue for negligence if the party reasonably can be construed as having relied on the lawyer's work even without having a direct lawyer-client relationship. "Florida is now on the cutting edge in these cases," says one law professor.Images of Grateful Dead Concert Posters in Book Deemed Fair Use
A cultural history of the Grateful Dead illustrated with copyrighted posters commissioned by a legendary concert promoter is protected by the fair use doctrine, the 2nd Circuit has ruled. Seven images of concert posters were displayed in "significantly reduced form" in "Grateful Dead: The Illustrated Trip." The ruling was made despite the fact that Dorling Kindersley sought permission from the Bill Graham Archives to use the posters but published them anyway when permission was refused.File Early and Often: The Lessons of 'Pfaff'
To trigger the start of the one-year statutory bar under 35 U.S.C. ' 102(b), must an invention be actually reduced to practice or substantially completed when sold or offered for sale? Neither, ruled the United States Supreme Court in Pfaff v. Wells, 119 S. Ct. 304 (1998). Instead, the invention must be "ready for patenting." This paper examines the Pfaff decision and its implications.Post-'Festo' Cases Raise More Issues
A number of recent cases have dealt with the threshold issue in a Festo analysis, namely whether an amendment to a patent claim during prosecution of a patent application narrowed the scope of the claim limitation at issue, so as to preclude reliance on the doctrine of equivalents. Attorney Catriona M. Collins discusses this issue through an analysis of several Federal Circuit decisions.TRENDING STORIES
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