SolarReserve CSP Holdings v. Tonopah Solar Energy, LLC, C.A. No. 2020-0064-JRS(Del. Ch. July 24, 2020) Facts: Plaintiff, SolarReserve CSP Holdings, LLC (“SolarReserve”), seeks to compel Defendant, Tonopah Solar Energy, LLC (the “Company”), to produce certain books and records in compliance Continue Reading
Minority Shareholders Should Insist on Anti-Dilution Protection
In the case of Jacob Kasher Hindlin v. Lukasz Gottwald et al., case number 2019-0586, in the Chancery Court of Delaware, Plaintiff Jacob Kasher Hindlin brought an action against three former members of Core’s board of managers (the Board) to recover what he believed he was owed by Core. Hindlin Continue Reading
Court of Chancery Holds Investor Is Not One of the “Fellers”
In a recent opinion by the Delaware Court of Chancery, the court found after a trial on the merits that the plaintiff’s breach of contract claims failed because a joinder agreement adding the plaintiff as a party to a purchase agreement was not executed by all parties necessary to amend that Continue Reading
USPTO Launches New Fast-Track Appeals Pilot Program
On July 2, 2020, the United States Patent and Trademark Office (“USPTO”) enacted the Fast-Tack Appeals Pilot Program (“Program”) to expedite the appeal process.1 Under the Program, the Patent Trial and Appeal Board (“PTAB”) plans to issue a Decision within six months from the date the appeal is Continue Reading
Keep Reptile Theory Out of the Courtroom
As defense attorneys, we need to expose the reptile theory. We need to educate the judiciary as to why these tactics are improper before trial so that jurors decide cases based on facts, not fear. To attorneys who defend personal injury or product liability claims, reptile theory is all too Continue Reading
True Colors Shining Through: Update on Protection for Product Packaging and Its Impact on the Nutrition and Food Industry
The nutrition and food industry has long struggled to protect product and packaging designs from competitors and copycats seeking to trade on their looks. But even after committing significant resources to creating a design that will resonate with the public, companies may find it hard to convince Continue Reading
Finding Coronavirus Coverage under the Property Insurance Policy
Could a lack of insurance coverage push a company into bankruptcy? Of course. The remains of the once financially powerful manufacturers, distributors and suppliers of products containing asbestos, that lacked coverage, make that very clear. Today, as a result of the COVID-19 pandemic and the Continue Reading
Managing New Brand Opportunities in a Post-Pandemic World
The COVID-19 crisis has forever changed the way we shop and communicate. After six months of staying at home, consumers have grown accustomed to shopping online, home delivery, and curbside pickup, and we all now communicate through social media and virtual video meetings more than ever. This is the Continue Reading
The Perils of Section 889 Part B Execution: The DoD Waiver
How USPTO Examiner Type Affects Patents: Part 4
Patent procurement at the U.S. Patent and Trademark Office is affected by the type of examiner. We gathered data from the LexisNexis PatentAdvisor database for each year from 2009 to 2019, for examiners in each of eight nondesign Tech Centers at the USPTO from the LexisNexis Continue Reading