Update on the America Invents Act: Post-Grant Review
January 27, 2012
by Ryan C. Smith
Ryan Smith discusses the latest developments in the America Invents Act (“AIA” or “the Act”). The Act is the largest overhaul of the United States patent system since 1952. Included in the overhaul are significant changes to the process for reviewing patents after issuance. The Act introduces two new proceedings for reviewing a granted patent – post-grant review and inter partes review
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Minnesota Supreme Court Clarifies the Statute of Limitations for Breach of Employment Contract Actions
January 12, 2012
by John A. Kvinge
In Minnesota, most actions for breach of an employment contract are governed by the two-year statute of limitations set forth in Minn. Stat. § 541.07(5). This means that employees have two years from the date of the alleged breach of contract to file a lawsuit. In Park Nicollet Clinic v. Hamann, ___ N.W.2d ___, 2011 WL 6057981 (Minn. 2011), the Minnesota Supreme Court was faced with the question of whether each paycheck issued after a breach resets the two-year time period for bringing a claim.
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Supreme Court to Examine Discriminatory Practices Under the Fair Housing Act
January 12, 2012
by Susan E. Tegt
The Supreme Court is asked to determine whether a lawsuit can be brought for violation of the Fair Housing Act based not upon a practice that is inherently discriminatory, but rather has a discriminatory effect, or a disparate impact. A group of property owners in the City of St. Paul, Minnesota argue that the City and other government employees violated the Fair Housing Act by aggressively enforcing the City’s housing code, requiring rental properties to meet minimum maintenance standards.
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Supreme Court To Determine Right of Secured Lenders to Submit Credit Bids on Their Collateral In Lieu of Requiring and Actual Payment in Chapter 11 Asset Sales.
January 12, 2012
by Kathleen L. Harrell-Latham
The United States Supreme Court accepted the petition for certiorari on the Seventh Circuit decision in RadLAX Gateway Hotel, LLC v. Amalgamated Bank on December 12, 2011 and arguments will likely be heard by the Court in April 2012. This case presents the Supreme Court with the important issue of whether secured lenders are entitled to submit a credit bid, a bid not requiring actual transfer of payment, at the sale of their collateral in the Bankruptcy Court. A decision on this issue that is currently split amongst the circuits will require the Supreme Court to engage in a highly technical review of the Bankruptcy Code’s requirements for Chapter 11 plans of reorganization and the rights of secured creditors.
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Vacancy in the Tax Court
January 12, 2012
by Timothy A. Rye
During the recent recession and downturn in the commercial real estate market there has been increased vacancy across many commercial real estate sectors through higher rates of default by tenants, higher concessions required to maintain occupancy, and reduced demand.
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Bankruptcy Pro Bono Expands
December 21, 2011
by Kathleen Harrell-Latham
Kathleen Harrell-Latham discusses the Bankruptcy Court's role in helping the Pro Bono Bankruptcy Committee expand its efforts across the state to provide volunteer legal services to disadvantaged clients in all aspects of bankruptcy in Bar Talk.
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Myths and Realities of Defending Against Preference Demands
December 14, 2011
by Richard Jay Reding
Due to the economic crisis of the past few years, many large and medium-sized businesses were forced to file for bankruptcy protection. Now, many businesses are faced with letters from bankruptcy trustees, or worse, a summons where the trustee is seeking liability for a “preference.” Faced with these demands, many businesses are failing to defend themselves, and incurring unnecessary liability. But acting quickly can help protect you and your business and settle preference claims short of expensive litigation.
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The America Invents Act’s Current Effects on Patent Litigation
December 14, 2011
by Glenna L. Gilbert
The Leahy-Smith America Invents Act (“AIA”) was passed by Congress and signed into law by President Barack Obama on September 16, 2011. The law changes significantly many aspects of patent law. Several of these changes affect patent litigation, and went into effect immediately upon enactment of the AIA.
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Civil Subpoenas and Internet Anonymity: Combating Anonymous Statements
November 16, 2011
by Steven M. Cerny
Anonymous postings or comments on Internet message boards, blogs, and other Internet sites can form the basis of an array of causes of action, including defamation, breach of employment contracts, breach of confidentiality or non-solicitation agreements, breach of fiduciary duty, misappropriation of trade secrets, and interference with prospective business advantage. Such postings create problems for businesses that are targeted or otherwise affected by such activities.
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Notable Supreme Court Cases in 2011 Related to Patents
November 07, 2011
by Glenna L. Gilbert
The Supreme Court’s 2011 term opened on October 3, 2011, with three notable cases on its docket related to patents. The three cases reflect the recent trend in Supreme Court jurisprudence granting certification on cases affecting rights related to patents. This e-alert highlights the three patent-related cases currently on the High Court’s docket.
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Is Your Trademark Being Knocked Off?
November 07, 2011
by John A. Kvinge
It is every company’s worst nightmare. After carefully registering a trademark for your flagship product or service, a rival comes along and chooses a dangerously similar name for their competing offering. You may believe that their infringing use of your protected mark is creating confusion in the marketplace and costing you sales, but how do you prove it in a way that will hold up in court? The relatively recent widespread adoption of the internet has created an option that is rapidly gaining traction in federal courts: online consumer surveys.
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IP/Tech Buzz
