Features
Ex Parte Kubin: Board of Patent Appeals and Interferences Applies 'Obvious to Try' in Post-KSR Biotechnology Appeal
For the past 15 years, the PTO has been issuing patents based on its interpretation of Federal Circuit precedent that a previously unknown DNA sequence that encodes a known polypeptide is non-obvious. This precedent, established by the Court of Appeals for the Federal Circuit in <i>In re Bell</i>, and later reaffirmed in <i>In re Deuel</i>, is now being challenged by the Patent Office Board of Patent Appeals and Interferences.
Features
<i>Product Review</i>: BigHand Digital Dictation Improves Workflow
As part of my role as Firm Administrator, productivity lags, as well as bottlenecks and workflow issues concerning flow of information and documents, are all brought to my attention ' sooner or later ' and obviously require swift action. We were faced with a big challenge when we began to rate the efficacy of our existing dictation technology and best practices of delivering dictations.
Features
Practical Advice for European Electronic Discovery Projects
If you are a U.S.-based IT or litigation support professional, have you ever received an e-mail message that ended like this: "And there are three people in the Munich office"? If you have not, you may very well receive such a message within the next few months. This article provides practical advice for European electronic discovery projects for litigation support and IT professionals.
Features
Determining an e-Mail Management Strategy
Legal IT professionals are challenged with finding the most efficient and appropriate e-mail management model while considering the rising cost of e-discovery and ethical issues surrounding e-mail retention. Against this demanding backdrop, firms must determine which of three potential e-mail management strategies to employ: passive, active or a combination of the two.
Case Briefs
Highlights of the latest insurance cases from around the country.
Features
Notice under Occurrence Policies: Issues Beyond the Prejudice Debate
This article reviews key notice issues under occurrence-based policies, underscoring how multi-faceted and complex the questions are that can arise when a notice defense is presented. These questions range from what triggers the notice requirement to what the applicable statutory standards are for a notice defense, and from how theories of constructive notice apply to whether there are circumstances where notice will be excused on the basis of excuse or futility.
Features
Benzene and the Pollution Exclusion
Many see benzene-related cases as the next big thing in toxic tort litigation.
Features
When Is Credit Due? Reallocation for Settlements under 'All Sums'
In a multi-insurer coverage case, it is common for the insured to settle with one or more insurers before trial. When that happens in a case in which the court employs the "all sums" scope-of-coverage approach, can the non-settling insurers bring claims of their own against the settled carriers in an effort to reallocate some of their liability to their former co-defendants? If not, is there another mechanism to account for those settlements?
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