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IP News

Howard J. Shire & Aaron Johnson

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

Features

Small Changes <i>Can</i> Lead to Expensive Consequences

Stanley P. Jaskiewicz

Besides the many people in commercial sectors whose business model was decimated ' music sellers and travel agents, at the dawn of e-commerce, and, more recently, publishers of books and music ' sometimes that change can hurt any business and its people, and for no good reason.

Features

Discoverability of Social Network Information

Richard Raysman

In recent years, courts have come to varying conclusions as to the discovery of information posted on social networking sites.

Features

Litigation Support for Information Governance

Alice E. Burns

The treatment of personal identifiable information (PII) is quickly becoming an increasingly critical issue and should be on litigation support's risk and information governance agenda.

Case Study: Foley Hoag's Social Media Marketing Distinguishes a Hot Practice

Larry Bodine

How this 250-lawyer firm boldly raised its profile.

Features

Another Turn in the Path to Patentability

Stuart Meyer

In <i>Mayo Collaborative Services v. Prometheus Laboratories, Inc.</i>, the Supreme Court held that a method claim that does nothing more than restate a law of nature and add conventional steps cannot be patentable. At first glance, this may not sound remarkable, but upon closer inspection this holding has the potential to dramatically change patent law for decades to come.

When Can Brand Owners Demand 'Show Me the Money'?

Stephen W. Feingold

Solely because of a technical amendment to the Federal Trademark Dilution Act to ensure that damages for dilution are only available when a defendant acts in bad faith, damages previously not available in an ordinary infringement case are now available.

Case Notes

ALM Staff & Law Journal Newsletters

Analysis of a recent case of note.

Features

When Settlement Is the Best Option

Ronald J. Levine & Aviva Wein

Too many defense counsel and their clients fixate on the early stages of the client's reaction to a product liability lawsuit ' denial or anger. They do so without evaluating the final stage ' acceptance

Practice Tip: Dead in the Water?

James H. Rotondo & Michael P. Pohorylo

The admissibility of a coroner's or medical examiner's conclusions should not be assumed, because their conclusions may not satisfy the <i>Daubert</i> or applicable state court standard.

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MOST POPULAR STORIES

  • 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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  • A Playbook for Disrupting Traditional CRM
    Here's the playbook for disruption: Take attorneys out of the equation. Stop building CRM that succeeds or fails on their shoulders. We need to shift the focus and, instead, build the technology from the ground up for the professionals who actually use it: marketing and business development.
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