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Patent Enforcement Delay Now May Be Fatal Error
The Lemelson patent era may finally be over. In a decision issued on Jan. 23, a Nevada federal court ruled that a number of patents invented by Jerome H. Lemelson were invalid and unenforceable.
Jerome Lemelson, who died in 1997, was a prolific inventor, second only to Thomas Edison (and Lemelson still has patents pending at the Patent Office). A number of the Lemelson patents, though, are what are called “submarine” patents, patents that a patentee keeps in the application phase for years by filing continuation applications, amending claims over time to more closely describe evolving technology, and allowing the patent to finally issue after the technology has matured and the patent rights will be more lucrative. Since patent applications used to be kept secret indefinitely, there was also no way of knowing whether a patent application had been filed until the patent was actually issued, so there was also no way to avoid infringement.
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.