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Anatomy, Diagnostic Testing and Medical Experts: Winning Strategies for Plaintiff's Direct and Cross-Examination Image

Anatomy, Diagnostic Testing and Medical Experts: Winning Strategies for Plaintiff's Direct and Cross-Examination

ALM Staff & Law Journal Newsletters

Winning Strategies for Plaintiff's Direct and Cross-Examination

Features

Copyright vs. Trademark Claims Image

Copyright vs. Trademark Claims

Colleen Bal & Evan M. W. Stern

Whatever one thinks of the ruling in <i>Fleischer I</i>, the decision serves as an important reminder of something for which it has received little attention: its careful consideration of the distinctions between copyright and trademark protection.

Features

The RAND Modified Hypothetical Negotiation Image

The RAND Modified Hypothetical Negotiation

Mark A. Chapman & Rose Cordero Prey

On April 25, 2013, Judge James L. Robart of the Western District of Washington publicly issued his Findings of Fact and Conclusions of Law from the November 2012 bench trial in <i>Microsoft Corp. v. Motorola, Inc., et al.</i>

Columns & Departments

Court Watch Image

Court Watch

Cynthia M. Klaus & Susan E. Tegt

Highlights of the latest franchising cases from around the country.

Columns & Departments

Cameo Clips Image

Cameo Clips

Stan Soocher

Online Infringement/Class Action Issues<br>Trademark Infringement/Fictional Products<br>True-Life Depictions/In TV Programs

Features

The Reality of Virtual ADR Image

The Reality of Virtual ADR

Jonathan Bick

While Internet applications of ADR are neither technologically nor legally restricted to disputes arising out of Internet transactions, it seems to be particularly suitable for the resolution of e-commerce disputes when parties are frequently located far from one another.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Jury Instructions for Implied Contract Cases<br>No Safe Harbor for Uploads of Pre-1972 Sound Recordings

Columns & Departments

IP News Image

IP News

Howard J. Shire & Bradley Roush

Highlights of the latest intellectual property news from around the country.

Features

Lenz Lawsuit Dances to a Fair Use Tune and Heads for Trial Image

Lenz Lawsuit Dances to a Fair Use Tune and Heads for Trial

Kyle-Beth Hilfer

A California district court has denied cross summary judgment motions in a case that has implications for fair use analysis under copyright law and DMCA litigation.

Features

Relearning the Learned Intermediary Doctrine Image

Relearning the Learned Intermediary Doctrine

Brian Raphel

Although the learned intermediary doctrine dictates that a drug manufacturer's duty to warn is owed to the doctor, rather than the patient, informing the doctor of the risks may not always be sufficient to guard against liability.

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