Posts from February 2017.

On remand from the Supreme Court, the Federal Circuit has declined to craft a test for calculating design patent damages when the patent-in-suit covers only a component of a larger product. Instead, it has been left to the Northern District of California to sort out the issue and hold a new trial, if necessary.Read More

What do you do when you’re sued for having a property alleged to be out of compliance with the Americans with Disabilities Act?Read More

With forum selection clauses, “shall” doesn’t always mean “shall.” If a forum-selection clause containing the word “shall” lacks additional exclusive language like “exclusive,” “sole,” or “only,” a court may find that clause to be permissive.Read More

The Fourth DCA recently ruled that liens recorded after a lis pendens, but prior to a foreclosure sale, are discharged.Read More

Could a party end up litigating related claims in two separate forums if not all parties are bound by a forum-selection clause? To ensure efficiency and avoid inconsistent verdicts, all intertwined claims should be litigated together in the same forum, writes Sarah D. Rodriguez.Read More

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