You Makes Your Choice And Takes Your Chances
Client Alert | less than 1 min read | 05.30.06
The Federal Circuit in the Winstar -related case of Old Stone Corp. v. U.S. (May 25, 2006) struck down a $118 million restitutionary damages award to the bank, explaining that, because the bank decided to continue operating after the breach occurred, attempting to make a go of it despite the government's breach, it had waived its right to declare a "total breach" and collect restitutionary damages to put it back in the pre-contracting situation when it went under several years later. On the other hand, foreseeable damages directly related to mitigating the effects of the breach, in this case $74.5 million, were available, and that part of the judgment was affirmed.
Insights
Client Alert | 4 min read | 12.30.25
Are All Baby Products Related? TTAB Says “No”
The United States Trademark Trial and Appeal Board (TTAB or Board) recently issued a refreshed opinion in the trademark dispute Naterra International, Inc. v. Samah Bensalem, where Naterra International, Inc. petitioned the TTAB to cancel Samah Bensalem’s registration for the mark BABIES' MAGIC TEA based on its own BABY MAGIC mark. On remand from the U.S. Court of Appeals for the Federal Circuit, the TTAB reconsidered an expert’s opinion about relatedness of goods based on the concept of “umbrella branding” and found that the goods are unrelated and therefore again denied the petition for cancellation.
Client Alert | 6 min read | 12.30.25
Investor Advisory Committee Recommends SEC Disclosure Guidelines for Artificial Intelligence
Client Alert | 2 min read | 12.29.25
FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company
Client Alert | 4 min read | 12.29.25
More Than Math: How Desjardins Recognizes AI Innovations as Patent-Eligible Technology
