This article provides an overview of how various courts have dealt with the question of post-verdict compensation in the wake of the eBay Inc. v. MercExchange L.L.C. verdict.
- June 29, 2009Michael K. Milani and Trevor M. Blum
A patent can be held invalid for incorrect inventorship, and co-inventorship of one, even relatively insignificant, claim can entitle a co-inventor to an ownership stake in every claim of the patent. Moreover, failure to join all co-inventors/owners as plaintiffs can prevent the real party in interest from enforcing a patent. A recent decision by the Court of Appeals for the Federal Circuit, Nartron Corp. v. Schukra U.S.A., Inc., is illustrative of such risks
June 29, 2009Paul A. Ragusa and Jason ChumneyIn re Kubin, 2009 WL 877646 (Fed. Cir. April 3, 2009), now appears to be the first case in which a defined biochemical structure was found to be obvious despite the fact that the structure was previously unknown and unpredictable.
June 29, 2009Warren D. Woessner and Tania A. Shapiro-BarrIn April, when the federal judge overseeing the settlement involving Google's online book search service gave authors four more months to opt in to, or out of, the deal, many copyright insiders were surprised. Not Allan Adler. For Adler, vice president for legal affairs at the Association of American Publishers ("AAP"), U.S. District Court judge Denny Chin's decision to delay what was a May deadline until September marked just another twist on a long, bumpy road.
June 29, 2009Eriq GardnerSearching for child pornography on the Internet and following links to make such images appear on a computer screen constitutes knowing possession or control of that material, the Pennsylvania Supreme Court has ruled.
June 29, 2009Peter HallDelivering a blow to bloggers' rights, a federal appeals court has ruled that a Washington state teacher's blog attacking co-workers, the union and the school district was not protected speech, and therefore she was not unlawfully demoted over it.
June 29, 2009Tresa BaldasThis article analyzes how courts are handling jurisdictional questions attendant to the next generation of technology, such as forms of "cloud computing," including virtual data rooms and social networks. As these technologies continue to develop and opportunities arise to increase revenue, companies risk having to defend themselves in far-off jurisdictions never before contemplated.
June 29, 2009Robert S. Friedman and Mark E. McGrathWhat attorneys are missing is a brand new class of case management programs which, while they seek to replace older programs, also seek to solve many of the concerns law firms face when dealing with digital client data: security, mobile access and backup. As one of the newcomers to this market, Rocket Matter has embraced the new Software as a Service ("SaaS") model of delivering software from the Internet Cloud.
June 29, 2009Finis R. Price, IIIDespite the fact that our total data creation had increased exponentially, Reed Smith hadn't invested nearly enough in our information infrastructure, and simple processes such as document retrieval were taking far too long. We knew we needed to take control of our data before it took hold of us. Following is an account of the firm's recent implementation of Recommind's MindServer Search platform as the foundation for its Knowledge Management infrastructure.
June 29, 2009Tom BaldwinThe document metadata contained in a Word document other than the intended text doesn't necessarily create risk of adverse disclosure, because some document metadata is necessary for formatting or macro automation of the document. However, some document metadata, such as Tracked Changes, may be used to share among cooperators, but should not be shared with adversaries or in some instances clients, because it contains author and date metadata.
June 29, 2009Randal Farrar

