Legal Research

If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.

http://www.nylj.com

Subscription required for online access unless otherwise noted:

Intellectual Property Litigation
Thursday, June 11, 2009
By Lewis R. Clayton

" Lewis R. Clayton, partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes that last month, resolving a long-standing conflict between two of its prior opinions, the Federal Circuit, acting en banc, held that 'product by process' patents cover only products made by the described process."

New York Court of Appeals Roundup
Thursday, June 11, 2009
By Roy L. Reardon and Mary Elizabeth McGarry

"Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write that the attachment of a GPS device to a vehicle without a warrant constitutes an illegal search under the New York state constitution. In another case, they report that the High Court reversed a decision granting summary judgment to the defendant in a product liability case, finding a genuine issue of material fact as to whether a product sold without an optional safety feature was defectively designed".

OUTSIDE COUNSEL:

The Case for the Automatic Multidistrict Litigation Stay
Thursday, June 11, 2009
By Todd G. Cosenza and Christopher J. Miritello

"Todd G. Cosenza and Christopher J. Miritello, associates at Willkie Farr & Gallagher, write that a litigant may employ several tactics to avoid transfer and inclusion of an individual case in proceedings before the Judicial Panel on Multidistrict Litigation, including generating some 'activity' in the case to bolster arguments to the MDL Panel that the action is either "unique" and/or "too far advanced" for transfer. Such requests, while expedient from a tactical perspective, are often premature or unnecessary, resulting in costs and burdens that deplete the court's and the parties' resources - precisely those consequences the MDL scheme is intended to prevent. A small but significant change to the MDL system would address this unintended consequence of the current scheme."

COROPRATE UPDATE:

Free With Registration: Non-Traditional Advertising During Economic Turbulence
Thursday, June 11, 2009
By Joy J. Wildes and Brooke Erdos Singer

 J"oy J. Wildes and Brooke Erdos Singer, counsel at Davis & Gilbert, write: Technology and creativity, combined with the quagmire of the recession, have resulted in a surge in the use of non-traditional marketing and advertising. Advertisers should invest the time and resources to properly vet intellectual property (and other) issues before launching into this treacherous terrain. Old and new legal rules should still be followed in order to navigate safely through this often uncharted course - in order to land new customers, and not a lawsuit."