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Two recent cases provide guidance as to when a patentee can relitigate patent claims
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • July 20 2015

In 1907, the U.S. Supreme Court in Kessler v. Eldred, held that a patentee is not entitled to litigate a patent infringement claim against a customer


Wisconsin dairy equipment manufacturer gets milked by court
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • July 23 2015

BouMatic is a Wisconsin dairy equipment manufacturer. Tilstra Dairy Equipment was its dealer in southwestern Ontario. BouMatic was not happy with


Business owner loses $30 million through lack of due diligence
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • April 24 2015

William Carlson was a successful businessman. Carlson was the owner of Willis Capital LLC, through which he founded Belvedere Trading LLC in 2002


Reasonable accommodations for employees with multiple sclerosis - what does the law require?
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • May 9 2013

With an estimated 400,000 people diagnosed with multiple sclerosis ("MS") in the United States, it is not surprising that legal issues have flared up


Contract with one-sided termination enforced not a perpetual contract
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • June 22 2015

In an earlier Risk Management Update, we reported on an Illinois case in which the court declined to enforce what it considered to be a perpetual


In California, a settling defendant may not be truly out of the case
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • October 4 2012

The California Supreme Court recently ruled that in cases where the trial judge has not certified that a settlement was reached in good faith, the non-settling defendants may later sue the settling defendant if the jury apportions additional fault to the settling defendant


Resale price restrictions are no longer presumptively unlawful
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • August 13 2007

In a very recent decision, the United States Supreme Court has dramatically lessened the restrictions on manufacturers and other suppliers to set minimum resale prices for distributors and other resellers


Dissolved companies receive certainty on post-dissolution lawsuits
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • March 22 2013

The Illinois Supreme Court recently provided certainty to dissolving corporations with respect to the risk of facing a lawsuit even after it has long


Statute of limitation's discovery rule not applicable to cases involving conversion of negotiable instruments where victim is not in a place to discover injury
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • November 12 2012

The Fifth District of the Illinois Appellate Court recently affirmed a trial court's refusal to apply the discovery rule to toll the statute of limitations and the entry of summary judgment in an action for conversion of negotiable instruments


Confidentiality agreement not enough to protect confidential information
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • January 14 2015

Confidentiality agreements have become routine as a part of conducting business. Parties frequently exchange confidentiality agreements, or sign a