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Documents on Litigation, Banking & Financial Services
 

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HTMLPatent Eligibility of Software Innovations After CLS Bank
Richard G. Gervase, Peter F. Snell; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
May 22, 2013, previously published on May 17, 2013
The en banc Court of Appeals for the Federal Circuit recently could not agree on the proper approach for determining whether software-based inventions constitute patent eligible subject matter under § 101 of the patent statute or whether they fall within the judicially-created “abstract...

 

HTMLOhio Supreme Court Says Ohio Consumer Sales Practices Act Does Not Apply to Servicing of Residential Mortgage Loans
Matthew G. Burg; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 21, 2013, previously published on May 15, 2013
Does the Ohio Consumer Sales Practices Act ("OCSPA") (codified in Chapter 1345 of the Revised Code) apply to servicers of residential mortgage loans? That was the question an Ohio federal district court asked the Ohio Supreme Court to determine. The answer - it does not. See Anderson...

 

Adobe PDFCLS Bank Int’l v. Alice Corporation Provides Little Guidance from Federal Circuit on § 101 Eligibility of Method, Computer Readable Medium and Computer System Patents
James Carroll, Guy R. Gosnell; Alston & Bird LLP;
Legal Alert/Article
May 21, 2013, previously published on May 20, 2013
Practitioners have been awaiting the decision in CLS Bank Int’l v. Alice Corp. in hopes that the Court of Appeals for the Federal Circuit (CAFC) would clarify whether claims drawn to computer-implemented subject matter are statutory subject matter under 35 U.S.C. § 101.  Unfortunately,...

 

HTMLIn En Banc Decision, Federal Circuit Finds Software-Related Claims Patent-Ineligible
Sughrue Mion PLLC;
Legal Alert/Article
May 17, 2013, previously published on May 13, 2013
On May 10, 2013, the United States Court of Appeals for the Federal Circuit issued a one-paragraph decision in CLS Bank v. Alice Corporation.

 

HTMLNuggets in the Ashes: A Few Guideposts Unearthed from CLS Bank v. Alice Corporation
Kenneth G. Parker, Richard D. Rochford, Michael M. Shen; Haynes and Boone, LLP;
Legal Alert/Article
May 17, 2013, previously published on May 16, 2013
The Federal Circuit released the results of its en banc hearing of a case involving the issue of what is patentable eligible subject matter under section 101 of the Patent Act. (CLS Bank International v. Alice Corporation Pty. Ltd., ---- F. 3d. ---, Case No. 2011 1301 (May 9, 2013).) The Federal...

 

HTMLMagistrates to Handle Florida Residential Foreclosure Actions - Florida Supreme Court Amends Rule 1.490 and Significantly Changes Landscape of Residential Foreclosure Litigation
Scott St. Amand, Douglas L. Waldorf; Rogers Towers, P.A.;
Legal Alert/Article
May 17, 2013, previously published on May 16, 2013
It is no secret that Florida consistently ranks among the worst states in the union in regards to the mire of the residential mortgage foreclosure case backlog. From 2007 to 2013, approximately 1.5 million foreclosure cases have been filed in Florida alone. As of February 2013, nearly 360,000 cases...

 

HTMLAlabama Federal Court Affirms Bankruptcy Court’s Holding That Filing a Proof of Claim on Time-Barred Debt Does Not Amount to an FDCPA Violation
Rachel R. Friedman, Alan D. Leeth; Burr & Forman LLP;
Legal Alert/Article
May 17, 2013, previously published on May 13, 2013
In a consolidated appeal of two cases from the United States Bankruptcy Court for the Middle District of Alabama, the United States District Court for the Middle District of Alabama held last week that the filing of a proof of claim in a debtor’s bankruptcy case does not amount to an FDCPA...

 

HTMLNorthern District of New York Rejects FDCPA Plaintiffs’ Equitable Tolling Theory
Frank Springfield, Jordan Teague; Burr & Forman LLP;
Legal Alert/Article
May 17, 2013, previously published on May 14, 2013
In Nichols v. Niagara Credit Recovery, Inc., No. 5:12-cv-1068, 2013 WL 1899947 (N.D.N.Y. May 7, 2013), the Northern District of New York held that the plaintiffs’ Fair Debt Collection Practices Act (“FDCPA”) claims were barred by the FDCPA’s one-year statute of limitations,...

 

HTMLEn Banc Decision in CLS Bank: No Clear Resolution for Eligibility of Computer-Related Inventions
George C. Beck, Jeffrey J. Mikrut; Foley & Lardner LLP;
Legal Alert/Article
May 16, 2013, previously published on May 13, 2013
On May 10, 2013, the Federal Circuit, sitting en banc, issued a per curiam decision in CLS Bank International v. Alice Corporation Pty. Ltd., No. 2011-1301, affirming that the asserted method, computer-readable media, and system claims are not directed to eligible subject matter under 35 U.S.C....

 

HTMLFinancial Services and Markets—A Perfect Litigation Storm?
Christopher Braithwaite, Lucas J. Moore; Jones Day;
Legal Alert/Article
May 15, 2013, previously published on May 2013
For companies operating in the UK financial services sector, recent regulatory reform, greater access to justice and developments in collective action regimes are likely to change the litigation landscape. The process of seeking and obtaining compensation is being made easier.

 


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