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OK to Use 'Research Tool' Patents Offshore?
The U.S. Court of Appeals for the Federal Circuit has confirmed that there is no patent infringement liability under 35 U.S.C. 271(g)(1) for the offshore use of a “research tool” patent when only the information gained from such offshore use is introduced into the United States. Bayer A.G. v. Housey Pharm. Inc., 340 F.3d 1367 (Fed. Cir. 2003), aff'g, 169 F. Supp. 2d. 328, 329 (D. Del. 2001).
Dicta in the Bayer case also suggest that the exportation of intangible information on a computer disk may not be a “component” of an offshore assembly of a patented combination — an issue of interest in the $521 million damages award in Eolas Technologies Inc. v. Microsoft Corp., No. 99 C626, 2003 WL 21781893 (N.D. Ill. 8/11/03).
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.