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Recognizing a Problem Is the First Step: Federal Circuit Acknowledges Unsettled Law, But Declines to Clarify
The tort of induced patent infringement codified in 35 U.S.C. '271(b) is a powerful tool that patent owners can use when it is not feasible or practical to sue a direct infringer. In order to prove this claim, a patent owner must establish that 1) its claim is directly infringed by a third party, 2) that the defendant induced that third party to infringe, and 3) that the defendant possessed intent to encourage that party to infringe.
The precise level of intent that must be shown to hold a party liable, however, has been unclear at least since the Federal Circuit issued a pair of decisions in 1990, Hewlett-Packard Co. v. Bausch & Lomb, Inc., 909 F.2d 1464, 1469 (Fed. Cir. 1990) and Manville Sales Corp. v. Paramount Sys., Inc., 917 F.2d 544, 546-49 (Fed. Cir. 1990).
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.