Features

There are many ways that accepting a 2(f) notation can come back and haunt you once litigation has commenced.

Features

Taking a page from the Federal Circuit's own analysis of the issue, we will examine the who, what, when, where (and why) of the decision in <i>Exergen Corporation v. Wal-Mart Stores, Inc.</i>

Features

Less than two months before the Supreme Court is scheduled to review the Federal Circuit's <i>en banc</i> decision in <i>In re Bilski</i> that found Bilski's business method claims unpatentable under 35 U.S.C. &sect; 101, the Federal Circuit held in <i>Prometheus Labs., Inc. v. Mayo Collaborative Servs.</i> (Fed. Cir. 2009) that claims to a diagnostic method are patent-eligible subject matter. The Federal Circuit reversed the district court's decision and held that Prometheus' personalized medicine claims satisfied the machine or transformation test set out in <i>Bilski</i>.

Attendees at the 32nd Annual ABA Forum on Franchising were given a timely reminder of the importance of relationships in franchising during a keynote presentation by Greg Nathan, managing director of the Franchise Relationships Institute (Brisbane, Australia).

Features

Bloggers of the world, relax ' the Federal Trade Commission ("FTC") is not out to get you. That was the message from Mary Engle, associate director for advertising practices at the FTC's Bureau of Consumer Protection.

Features

Regular readers of blogs and other Internet-based sources of news and information know it's not unusual to see product reviews in these virtual venues. While the reviews sometimes appear to be careful, impartial journalism, other times the writer seems just a bit too enthusiastic about the post's subject matter. Of course, readers have good reasons to question just how impartial the authors of these reviews might be.

With the growth in its popularity, and the evolving sophistication of technology to offer and execute it, e-commerce is increasingly automated. In the past, Internet sites used terms of use agreements that include an Internet mechanism to affirm consent to be bound by the agreement ("click-wrap"). But more often than ever, browse-wrap agreements are replacing click-wrap agreements.

Today, no business starts without planning its Web site and online strategy. But is the same attention given to the choice of the Web site host as to the more exciting aspects of the site design? For example, you should not choose your host on price alone, as a commodity purchase. Instead, you should consider other factors, just as in choosing any vendor or business partner.