Features
IP Strategies for a Green Economy
This article considers the unique aspects of clean technology and renewable energy against the backdrop of a rapidly changing patent law landscape. In particular, the article considers recent U.S. Supreme Court patent cases and how they may impact business decisions, development deals, and other transactional aspects of interest to those in the cleantech and renewable energy industry.
Features
IP News
Highlights of the latest intellectual property news from around the country.
Features
In re TS Tech USA Corp.: Curtailing the 'Rocket Docket'
Due to its so-called "rocket docket," many patent litigants select the Eastern District of Texas when filing a lawsuit or a declaratory action. However, the Federal Circuit's recent decision in <i>In re TS Tech</i> may substantially curtail this practice.
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Acumed v. Stryker: eBay v. MercExchange Revisited
In <i>Acumed LLC v. Stryker Corp.</i>, the Federal Circuit affirmed the grant of a permanent injunction enjoining Stryker from making and selling a putatively infringing orthopedic nail product. In so deciding, the Federal Circuit declined to articulate a bright-line rule governing the grant of permanent injunctions in patent infringement actions. Nevertheless, the <i>Acumed</i> decision is instructive with respect to how the courts may apply the rule of <i>eBay Inc. v. MercExchange, L.L.C.</i> in patent infringement cases and the facts that may be adduced to secure — or defeat — the grant of injunctive relief.
Features
Is Your e-Communication Being Read?
Any way you look at it, e-communication gives you and your firm exposure in an existing or potential client market. Unlike other communication delivery methods, e-communication is the one place a law firm can actually see specific results ' from who received the communication, to whether that person actually viewed the e-mail or forwarded it on to someone else.
Sutherland Utilizes CompuLaw Vision to Automate Litigation Calendaring
In 2004, the Sutherland law firm was dealing with a large enforcement matter that included scheduling many court dates. While working to effectively manage the many aspects involved in this unique case, we looked into using CompuLaw Vision, which draws on CompuLaw's vast databases of court rules and jurisdictions and automatically calculates deadlines, saving time and reducing the risk of error.
Technology Changing the Litigation Game
There's no mistaking that new technologies are transforming the practice of litigation. Technology can overlook the time-tested interpersonal styles that facilitate skills development, but it can also offer a leg up when it comes to seamless client service and flexible schedules, a trademark that is here to stay as more Gen Ys enter the workforce with an innate expectation of using these tools. The successful litigator must temper the tension between the obvious personal and professional benefits of taking full advantage of new technology and the corresponding loss of face-to-face interaction.
Microsoft's New Office 2007 File Format Is More Than an Upgrade
In March 2008, Microsoft received approval on its new OpenXML file format from the ISO, a step Microsoft says is "proof it is willing to make once-proprietary technology work openly with competing programs." Good riddance! The old binary format was a mess and didn't play well with other applications.
Features
Centralizing Stores of Information to Make Retention Policies Possible
Most law firms understand the need to plan for the implementation of records retention policies, but there has been little agreement on how to achieve this goal. Firms are acutely aware of the rising costs associated with storing physical data and the burden surrounding backup, maintenance and migration of electronic content. When faced with the need to produce information, be it at a client request or when compelled by a court, the more control a firm has over its data, the more efficient and cost effective this process will be.
Record Number of Cybersquatting Cases in '08
The World Intellectual Property Organization ("WIPO") reported that a record number of cybersquatting cases were filed in 2008: 2,329 complaints were filed under the Uniform Domain Name Resolution Policy ("UDRP"), an 8% increase over 2007.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›