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Recent Posts in Business Litigation Category

  • Challenging or Infringing Another's Business Method Patent

    To challenge a patent granted for a business method you can either sue in federal court or institute a re-examination per the U.S. Patent and Trademark Office (USPTO). In court, those challenging the patent usually try to prove there was no reason to grant a patent because the process was not unique or it was obvious. A re-examination on the other hand will have the USPTO reconsider the patent in ...
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  • Breach of Contract: Material Breach

    A material breach of contract is a failure to fulfill a contract which is so severe that the contract itself is broken and nullified. Such a breach strikes at the core of the contract and the agreement between the two parties. In such a case, the offended party is usually able to end the agreement and try to collect damages from the other in court. Courts will look at several factors to determine ...
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  • Beware of the Magic Words

    "The law applies common sense," I often tell my clients. "No special words are usually needed when you draft an agreement; just make sure it is clear." Unfortunately, that is not always the case. After suffering a recent disappointment in a case in Federal court, my client, Aversion Technologies, consented to my discussing its case here so that others can take heed and avoid what happened. ...
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  • Take Steps to Protect Your Intellectual Property

    When an entrepreneur or business owner starts a business, they have usually spent quite a bit of time and money planning, programming and developing not only how their business will operate, but what unique machinery, tools, actions, and products they will use in order to get the edge on the competition. Doing the same thing as your competitor is one thing, but when you have come up with a unique ...
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  • Cablevision and AMC Settle Voom HD Litigation with DISH Network

    After four years of legal disputes and litigation, Cablevision and AMC Networks have settled the Voom HD litigation with DISH Network. According to legal reports, Voom HD (an LLC owned by Cablevision and now part of AMC Networks) had entered into an affiliation agreement with EchoStar (a provider of direct broadcast satellite television services though DISH Network). The affiliation agreement was ...
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  • Answer to Avvo question on Selection of Business Entity

    I answered the following question on and thought it might be of interest. "We live in MD. I have an LLC as a therapist providing services in private office. My husband has a proprioetorship in construction. Together, we started buying houses and renting them. He is fixing house #3. We have been advised to turn his company into an LLC and create another LLC to protect our rental houses. Do ...
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