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Market Value is the Price of Holdover Tenancy

Client Alert | less than 1 min read | 10.12.10

A tenant has an implied duty to vacate at the end of the lease term and, when a contract does not specify the rate to apply, a holdover tenant must pay damages at the market lease rate. In J. Leonard Spodek, the PSBCA averaged the calculations of each party's expert appraisal after finding that one expert had understated and the other overstated the market rate.

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Client Alert | 6 min read | 11.26.25

From ‘Second’ to ‘First:’ Federal Circuit Tackles Obvious Claim Errors

Patent claims must be clear and definite, as they set the boundaries of the patentee’s rights. Occasionally, however, claim language contains errors, such as typographical mistakes or incorrect numbering. Courts possess very limited authority to correct such errors. The United States Court of Appeals for the Federal Circuit has emphasized that judicial correction is appropriate only in rare circumstances, where (1) the error is evident from the face of the patent, and (2) the proposed correction is the sole reasonable interpretation in view of the claim language, specification, and prosecution history. See Group One, Ltd. v. Hallmark Cards, Inc., 407 F.3d 1297, 1303 (Fed. Cir. 2005) and Novo Indus., L.P. v. Micro Molds Corp., 350 F.3d 1348, 1357 (Fed. Cir. 2003)....