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Results: 1-10 of 2,189

Hexion v. Huntsman: MAC-out and lessons in satisfying closing conditions

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 9 2008

The recent Hexion v. Huntsman decision by the Delaware Court of Chancery addresses several significant issues that companies and their counsel should take into account when drafting transaction agreements

Important Ninth Circuit decision narrowly interprets survival clause

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2008

Parties to acquisition agreements typically agree to limit the survival of certain or all of the representations and warranties made in the agreement to a period shorter than the applicable jurisdiction’s statute of limitations

Delaware courts clarify fiduciary duties owed by directors of troubled companies

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2008

Two recent decisions by the Delaware Supreme Court clarify the fiduciary duties owed to creditors by directors of Delaware corporations that are insolvent or operating in the zone of insolvency

Massachusetts Appeals Court decision provides guidance on lending practices

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 16 2008

A recent Massachusetts Appeals Court decision holds timely lessons for lenders who are reassessing existing loans

How many examples are needed to support a genus claim?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2008

Revisiting the issue of written description requirement for a genus claim in a biotechnological invention, the U.S. Court of Appeals for the Federal Circuit found that the lower court did not err in holding that the genus claim is invalid for failure to meet a written description requirement

Compliance with wireless standard does not equal inducement

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2008

In an appeal arising out of an investigation before the International Trade Commission (ITC), the U.S. Court of Appeals for the Federal Circuit upheld a decision that the respondent did not induce infringement of petitioner’s patent, rejecting the petitioner’s argument that a chip complying with the involved wireless communications standard necessarily infringed the petitioner’s ’311 patent

Federal court rules a warrant is required for mobile phone location information

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 27 2008

For the first time ever, a federal district court judge has ruled that the government must present a warrant based on “probable cause” in order to obtain historical cell phone tower location information from a wireless carrier

No declaratory judgment for unregistered copyright

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2008

Addressing issues of subject matter jurisdiction in a copyright-based declaratory judgment action, the U.S. Court of Appeals for the Eleventh Circuit found a lack of subject matter jurisdiction where there was no registered copyright in dispute

Imports of foreign-made, genuine copies not protected by first sale doctrine

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2008

The U.S. Court of Appeals for the Ninth Circuit recently addressed whether the Supreme Court’s 1998 landmark Quality King decision requires it to overrule its own precedent allowing a defendant in a copyright infringement action to claim the “first sale doctrine” of 17 U.S.C. 109(a) as a defense only if the disputed copies of a copyrighted work were either made or previously sold in the United States with the authority of the copyright owner

Demonstration of device at trade show not sufficient “use” for personal jurisdiction

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2008

The U.S. Court of Appeals for the Federal Circuit upheld a lower court’s dismissal of a patent suit for lack of personal jurisdiction, finding that the defendant’s demonstration of the accused device at a trade show did not constitute an infringing “use” under the patent laws