Bell Atlantic Corp.

  • IP: Uneven playing field for defendants in patent cases

    Some federal district courts appear to be raising the bar on pleadings standards for counterclaims and affirmative defenses in patent cases.

  • Private antitrust suits up in 2012

    In a reversal from the past three years, the number of private antitrust lawsuits filed in federal courts rose significantly during the 2012 fiscal year, Thomson Reuters reports.

  • IP: “Form” over substance

    Form 18 in the Appendix to the Federal Rules of Civil Procedure should not be viewed as a special patent exemption from the pleading requirements of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, particularly when plaintiffs make multiple complex method-of-use claims against multiple defendants.

  • IP: Light at the end of the tunnel

    Four years ago, I spoke at a national advertising law conference on the sharp rise in consumer class action false advertising lawsuits. These lawsuits, once principally confined to California and a few other states, had by 2007 become the “next big thing” among the plaintiffs’ class action bar.

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