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Refining the Pleading Requirements for Patent Infringement

Brad Riel

In <i>In Re Bill of Lading Transmission and Processing System Patent Litigation</i>, the Court of Appeals for the Federal Circuit held that Form 18 of the Federal Rules of Civil Procedure governs the required specificity when pleading direct patent infringement.

Much Ado About Standards of Review (But Not All That Much About AdWords)

Timothy Denny Greene

While on the surface the <i>Rosetta Stone</i> opinion might seem to be a public rebuke of the merits of Google's AdWords program, on closer scrutiny it is clear that the Fourth Circuit's opinion is more properly read as a reprimand of the district court, which, according to the Fourth Circuit, improperly mixed its standards of review and made a hash of the functionality doctrine in the process.

Social Media Data Preservation

Diana Fasching, Staci Kaliner & Tamara Karel

The emerging requirements for preservation solutions have created a two-fold need: identifying process solutions and the technology to support them. Fortunately, the market has seen growth in offerings aimed at meeting social media preservation strategies. This article explores some of these developments and provides a set of basic considerations to evaluate when assessing the technology.

Features

The Community Income Reporting Rule

Mark Schwarz

How to achieve equitable relief under I.R.C. ' 66(c).

Litigators Get (Anti-) Social in the Crusade For Brand Protection

Kiran N. Gore & Rebecca Kay

As networkers blog about everything from the banal to the ridiculous, sifting through the social media landscape for brand protection intelligence can seem like a task of Herculean proportions. While some postings are retweeted like wildfire, garnering global exposure, others sit buried and largely unread. However, if brand owners get it right, they are sitting on a gold mine of information.

Features

Enforcement Remedies to Combat Default

Judith L. Poller & Elizabeth Warner

Unfortunately, the role of attorneys does not end with the entry of a divorce judgment. They are frequently faced with client requests to enforce their rights to receive the assets and/or support awarded in the judgment.

Features

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

Best Practices for ERISA ' 408(b)(2) Compliance

K. Jennie Kinnevy

To achieve the goals of the new ERISA laws, participants and sponsors will have access to more information which will increase the responsibility of plan sponsors to act upon the information received.

Features

The FTC Act

L. Elise Dieterich

The pitfalls of an inadequate privacy policy; an analysis of recent litigation.

Lawful Social Media Policy

Anna Hickman

A look at a recent ruling involving social media policy.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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