Intellectual Property Law: Size Matters for TVs on Super Bowl Sunday

A familiar question dependably re-emerges at about this time each year. It essentially asks “can I get in copyright trouble for having a Super Bowl party with a big screen TV?” This post gives you some ground rules in order to spare everyone from the possibility of being arrested by the copyright police .  (Disclaimer:…

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Intellectual Property Law: The bell has not yet tolled for permanent injunctions in patent cases

On January 10, 2013, the United States District Court, N.D. California, San Jose Division entered a permanent injunction against a patent-infringing defendant in BROCADE COMMUNICATIONS SYSTEMS, INC. v. A10 NETWORKS, INC., Dist. Court, ND California 2013 – Google Scholar. The ruling restrained the defendant and parties in active concert with it from “making, using, selling, or…

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Government Contracts: Timing for Challenges to Solicitation Procedures

Challenges to Solicitation Procedures, Such as Amendments to Solicitations, Must Be Made Before Contracts are Awarded  The Court of Appeals for the Federal Circuit confirmed that, where a protest is based upon a defect in the bid solicitation process, the protest must be made before the bid is awarded. In the case of Comint Systems…

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In Disputes Over Patient Consent, It’s All About the Doctor

For a patient claiming lack of adequate consent to a medical procedure, the fight is with the physician, not the physician’s employer or the hospital where by surgery was performed. Under Maryland law, the duty to provide a patient with informed consent lies with the doctor, a U.S. District Court judge in Maryland ruled last…

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Employment Law: Personal Liability for Wages? It May Depend on the Boss

Though the business entity is normally liable for unpaid wages, employees also may attempt to claim them from individual owners of the employer entity.  In Maryland, an individual construction project manager who is a company owner may be considered an “employer” under the Fair Labor Standards Acts (“FLSA”) and could be liable for unpaid wages…

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When the Appeal Loses Its Appeal

Litigants dissatisfied with the outcome of their trial generally have the right to an appeal.  Deciding whether to exercise that right can be fraught with strategic concerns. If your business finds itself compelled to resolve a dispute at trial, the trial court’s judgment — represented in celluloid by the judge’s gavel banging down — does…

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Intellectual Property Law: Just Because You Paid For That Custom Software Does Not Mean You Own It.

Companies sometimes pay large sums of money to independent contractors to create a custom software program and mistakenly assume that they own the result. Many companies have valuable intellectual property developed within their business, one of which is rights in copyrighted materials. Copyrights do not involve just novels and artwork; they can include software programs,…

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The Law and LinkedIn®: Vying Over a Former Employee’s Account

Who controls a LinkedIn® account is the subject of an ongoing federal case filed by a company’s former president whose account was taken over by the company after she was fired.  Round one of the fight just went to the employer. Linda Eagle was the president of Edcomm, a banking education company in Pennsylvania, until…

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