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<i>Lucent v. Gateway</i>
On Sept. 11, 2009, the U.S. Court of Appeals for the Federal Court (“CAFC”) issued an opinion in the case of Lucent Technologies Inc. et al. v. Gateway Inc. et al. (“Lucent“). In its ruling, the CAFC found that “the damages evidence of record was neither very powerful, nor presented very well by either party” and that the plaintiff's damages calculation “lacked sufficient evidentiary support.” The CAFC therefore vacated the district court's award and remanded the case for a new trial on damages.
In vacating the damages award, the CAFC provided insight into its current views on issues often considered in connection with the determination of damages in patent infringement litigation. While the case does not establish any fundamentally new methodologies, it does discuss a number of intellectual and economic issues related to the determination of reasonable royalty damages.
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.
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?
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.
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.
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.