Features
'Voodoo Information': Authenticating Web Pages In Federal Court
During the life of any case, there will likely be valuable information obtained from the Internet that will be used at deposition or trial. Commonly, the proponent of online evidence will present a screen shot of the Web page, which was either downloaded as a .pdf or printed directly from the Web site. The process is like taking a photograph of the image as it appears on the monitor. In general, this captures not only the look, but also the download date and the URL. If proper steps are not taken to admit the evidence, the value of this information may be lost.
Features
IP News
Highlights of the latest intellectual property news from around the country.
Features
PTO's Annual Report Reveals Declining Revenue and Application Numbers, Plus Dip In Backlog
The U.S. Patent and Trademark Office's fiscal year 2009 annual report indicates declining revenue and patent filings. Notably, there was both a dip in the backlog of patent applications and an increase in the time it takes for the agency to issue a patent. Some lawyers believe the former can be attributed in part to applicants abandoning applications because of the economic downturn.
Features
IP Expenses
In-house lawyers can do great good for their companies by deploying IP assets to realize direct monetary return for their companies, but they are under more pressure to reduce expenses because of the inaccurate perception that IP-related expenses do not add to the bottom line, a perception that stems from accounting conventions.
Increased Delays Expected When Filing RCEs
The USPTO recently announced that it would implement internal changes to RCE docketing on Nov. 15, 2009, and will implement internal changes to the examiner count system by early 2010. These changes may significantly delay further examination of an application in which a RCE is filed, and consequently the ultimate issuance of a patent. To mitigate the effects of these changes, patent applicants may need to alter patent prosecution strategies going forward.
<i>Lucent v. Gateway</i>: A Closer Look at Patent Damages
In a move signaling a heightening of evidentiary scrutiny for patent infringement damage calculations, the Court of Appeals for the Federal Circuit, in <i>Lucent Techs. v. Gateway, Inc.</i>, vacated and remanded an almost $358 million award to Lucent based on Microsoft's infringement of U.S. Patent 4,763,356, entitled "Touch screen form entry system.
Features
A Viking on Choppy Waters
When the New York Court of Appeals issued its decision in <i>Consolidated Edison Company v. Allstate Insurance Co.</i>, the issue of allocating liability for continuing losses among multiple insurers consecutively liable for the loss appeared to be all but settled. This approach to allocation has been called into question, however, by the recent decision of the Delaware Court of Chancery in <i>Viking Pump, Inc. v. Century Indem. Co.</i>
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Features
Franchise Disclosure Documents and Agreements
While franchise disclosure documents and their attendant agreements are the "glue" applied to the initial franchisor/franchisee relationship, the question of "who constructed the paperwork" is both a touchy and legitimate concern for those immersed in the franchise industry.
Features
AAA Reduces Fees in Pilot Program
The American Arbitration Association is reporting that its pilot program to reduce commercial arbitration fees has been popularly received, and AAA is increasing its promotion of the new fee structure. The program began in July 2009 and has been utilized in 1,000 to 2,000 disputes to date, reflecting claims totaling nearly $3 billion, according to India Johnson, an AAA senior vice president. The number of those disputes related to franchising is unknown.
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