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Tag Archives: Equitable
Equitable Remedies for Ex-Spouses Who Lost Their Share of a Military Pension Due to the Military Spouse’s Receipt of Disability Benefits
Divorces involving a spouse in the military generally involve unique issues. In the recently published decision of Fattore v. Fattore, the Appellate Division held that the trial court cannot replace, “dollar for dollar”, an ex-spouse’s benefit from a military pension … Continue reading
Absolute or Equitable Intervening Rights, It Matters
Delaware District Court grants-in-part and denies-in-part patentee’s motion for summary judgment regarding accused infringer’s defense of intervening rights. Sonos, Inc. v. D&M Holdings, Inc.,No. 14-1330-WCB (D. Del. Nov 7, 2017). The owner of a patent that survives reexamination “is only … Continue reading
Unwaivable equitable remuneration rights for performers: disruption or balancing of interests?
Ananay AguilarIn an article recently published in the JIPITEC (and available here), I examined parts of the ongoing copyright reform process drawing on a case study on the Fair Internet for Performers Campaign. This process has been characterised by strong … Continue reading
Posted in Copyright Law
Tagged Balancing, Disruption, Equitable, Interests, performers, remuneration, Rights, Unwaivable
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Providing Equitable Outcomes for Expired Debts
The average American household owes over $136,000 in debt. Some of this debt, however, is stale. Due to the expiration of the statute of limitations—which can range from three to six years depending on the state—creditors cannot prevail if they … Continue reading
Co-Pending ITC Action Less of an Equitable Concern for PTAB?
General Plastic Factors & Follow-on Petitions Last September, the Patent Trial & Appeal Board (PTAB) held that the advanced state of a district court proceeding militated in favor of denying a petition for IPR in accordance with the General Plastic factors (NHK … Continue reading
Posted in Intellectual Property
Tagged Action, CONCERN, CoPending, Equitable, Less, PTAB
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