Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Features

An Overview of Twombly on Patent Pleading Disputes Image

An Overview of Twombly on Patent Pleading Disputes

Dion Messer

In <i>Bell Atlantic Corp. v. Twombly</i>, an antitrust case, the U.S. Supreme Court put to rest the five-decade-old pleading standard from <i>Conley v. Gibson</i> that 'a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief.'

Features

What Is Reasonable? Image

What Is Reasonable?

Benjamin Hershkowitz & Charles Wizenfeld

Several recent rulings from the U.S. Supreme Court have arguably tipped the scales toward alleged infringers involved in a patent battle.

May issue in PDF format Image

May issue in PDF format

ALM Staff & Law Journal Newsletters

&#133;

What's Hot, What's Not Image

What's Hot, What's Not

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

Profitable Use of Associates Image

Profitable Use of Associates

Joel A. Rose

To evaluate its policies and procedures for associate recruiting, career development, and profitability, a firm must take stock of its current recruiting and associate career development program, assess its future needs, and set in motion a unified plan that involves all components of the organization.

Features

India: The International Hotspot -- Franchising Goes East Image

India: The International Hotspot -- Franchising Goes East

Graeme Payne & Lisa Sen

Despite the positive economic conditions and the demand for international brands, the Indian legal framework still raises some barriers to international business. The Indian government has the delicate task of balancing what is perceived to be in the interest of local businesses and those of foreign investors.

<b><i>Online Exclusive:</b></i> Comcast and Pando Networks to Create Peer-to-Peer Bill of Rights Image

<b><i>Online Exclusive:</b></i> Comcast and Pando Networks to Create Peer-to-Peer Bill of Rights

Samuel Fineman

Comcast Corporation and Pando Networks, Inc. announced late last month that they will lead an industry-wide effort to create a peer-to-peer Bill of Rights and Responsibilities ('BRR') for P2P users and Internet Service Providers. The two companies plan to collaborate and engage with industry experts, other ISPs and P2P companies, content providers and others to set a framework for the BRR that can serve as best practices. The purpose would be to clarify what choices and controls consumers should have when using P2P applications as well as what processes and practices ISPs should use to manage P2P applications running on their networks.

Features

Bringing Lateral Attorneys on Board: A Blueprint for Success Image

Bringing Lateral Attorneys on Board: A Blueprint for Success

Bruce Jackson

Part One of this article discussed the importance of personal ownership of the lateral integration process and the importance of a formal business plan for lateral moves. This second installment addresses the more specific elements of the business plan and other 'how's' and 'how not's' in the lateral integration process.

Features

Supreme Court's LaRue Decision Interprets ERISA's Remedies to Fit a 401(k) World Image

Supreme Court's LaRue Decision Interprets ERISA's Remedies to Fit a 401(k) World

Stuart Sirkin & Christa Haas Bierma

In <i>LaRue v. Dewolff, Boberg &amp; Associates, Inc.,</i> the U.S. Supreme Court has officially recognized that the times have changed for retirement plans.

May issue in PDF format Image

May issue in PDF format

ALM Staff & Law Journal Newsletters

&#133;

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
    Read More ›
  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
    Read More ›
  • Rights and Obligations In Patent Licenses
    The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
    Read More ›
  • Foreseeability as a Bar to Proof of Patent Infringement
    The doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale &mdash; especially since it included a new and controversial foreseeability test in its analysis for estoppel.
    Read More ›