Topic
Equitable Defenses
12 published works
Harness Dickey Blog
Understanding Equitable Defenses in Trademark Infringement: Laches, Equitable Estoppel, and Acquiescence
A trademark is afforded legal protection when it designates a source or origin of its product or service by distinguishing its businesses’ good or service from others. The overarching goal…
New York Commercial Division Practice
Asserting an Equitable Defense or Counterclaim? “Waive” Your Jury Goodbye!
Most New York practitioners are aware that certain causes of action are triable by a jury, while other claims are triable only by the court. For example, causes of action…
The Fiduciary Litigator
Use Of Equitable Defenses In Breach Of Fiduciary Duty Litigation
A. Introduction It is not uncommon for beneficiaries to sue a trustee for actions that the beneficiaries had knowledge of but where they failed to object to that conduct for…
Patents Post-Grant
Equitable Defenses at the PTAB
By Scott McKeown, Scott McKeown Wolf Greenfield
Assignor Estoppel Precluded by AIA Statutes...But What of Other Equitable Defenses? The doctrine of assignor estoppel bars the assignor of a patent from challenging the validity of the patent after…
Essential Patent Blog
Court denies Apple’s equitable defense that was premised on failure to disclose patent applications to a standards body (Core Wireless v. Apple)
By David Long
Magistrate Judge Nathanael M. Cousins recently denied Apple's equitable defense that sought to hold a Core Wireless standard essential patent unenforceable because the prior patent owner Nokia allegedly failed to timely…
Essential Patent Blog
Judge Gilstrap rejects SEP-based arguments to set aside jury infringement and damages verdict (Genband v. Metaswitch)
By David Long
At the same time that Judge Gilstrap recently entered his bench trial ruling that rejected Metaswitch's standards-based equitable defenses (see our Oct. 2, 2016 post), he also entered an Order that…
Legal Secrets
Waiver of Guarantor defenses in guarantee agreement does NOT waive equitable defenses.
Lender counsel (e.g. debt collectors) often argue a guarantor debtor has no defense as they waived all defenses. That is not true. See California Bank and Trust v. Thomas Del…
British Columbia Insurance Blog
In Alberta there is no right to jury trial where defendant raises equitable defence
In Alberta there is no right to jury trial where defendant raises equitable defence. Coulter v. Co-operators Life Insurance Co., [2013] A.J. No. 919, September 6, 2013, Alberta Court of…
Compensation & Benefits Blog
U.S. Supreme Court Rules That Plan Terms Trump Equitable Defenses
By Myron Rumeld, Russell Hirschhorn
Today, the U.S. Supreme Court issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted reimbursement clause will trump all equitable…
Beneficially Yours
Third Circuit Rules Equitable Defenses Available Under ERISA § 502(a)(3)
By: Ian Morrison, Alexis Hawley and Sam Schwartz-Fenwick A recent Third Circuit ruling, US Airways, Inc. v. McCutchen, No. 10-3836, 2011 WL 5557411 (3d Cir. Nov. 16, 2011), allowed a…