The CREATE Act: an Imperfect Solution for Secret Prior Art Among Collaborators
Muna Abu-Shaar, an associate at Dechert, and Joshua H. Rawson and Samuel B. Abrams, partners at the firm, write that secret prior art by a party to a joint research agreement is treated as prior art and thus can potentially block the patenting of the other party's, or jointly owned, inventions developed in the course of joint research. The CREATE Act can be beneficially invoked to disqualify such secret prior art, but not without certain disadvantages. Agreements should be drafted with both the requirements for invoking the CREATE Act and the pitfalls of its invocation in mind.Efficient Market Analysis for Fraud-on-the-Market Presumption
In their Corporate and Securities Litigation column, Sarah S. Gold, a partner at Proskauer Rose, and Richard L. Spinogatti, a senior counsel at the firm, analyze a recent decision that declined to certify a class of stockholders of Freddie Mac preferred stock listed on the New York Stock Exchange, finding that plaintiffs could not avail themselves of the fraud-on-the-market presumption to establish class-wide reliance since they were unable to demonstrate that the stock traded in an efficient market.Monserrate and the Question of Pink Slips for Elected Officials
Jerry H. Goldfeder, special counsel at Stroock & Stroock & Lavan and a teacher of election law at Fordham Law School and University of Pennsylvania Law School, writes: There may be 50 ways to leave your lover, but the options are decidedly fewer for ousting an objectionable elected official. Now that a committee of the New York State Senate has recommended to the full body that it consider expelling Senator Hiram Monserrate, it is worth previewing some of the legal issues that might be raised over the next few months in connection with Mr. Monserrate's future in the Senate.New U.S. Attorney Finds Office Transformed by Terrorism
Circuit Revives Suit Against Oprah Over Slogan Trademark
Oprah Winfrey has not shown that her use of the "Own Your Power" mark constitutes a fair use defense to trademark infringement, the Second Circuit has ruled, reversing a lower court and reinstating the Lanham Act claim of the owner of motivational services company Own Your Power Communications Inc.Discrimination Claims Under Housing Act Reinstated
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