Features
Arbitration: Is the Silver Bullet a Dud?
On the strength of a substantial body of real-world experience with arbitration as a dispute-resolution norm, many franchisors are asking whether their dogged pursuit of arbitration was actually a mistake.
Features
Ten Rules for Franchisors to Reduce Litigation Risks
For franchisors who do business consistent with a few critical (and largely common-sense) rules, freedom from excessive lawsuits and from truly damaging litigation results is not out of reach.
Features
Don't Get Caught with Your Patents Down
Reverse engineering of competitor products has always played a large and important role in any successful assertive patent licensing program. However, new developments in the patent licensing arena are making reverse engineering much more vital and often necessary for any company seeking to capitalize on its intellectual property assets.
Features
Accounting for Intangibles: From IP to CEO
The track to the CEO's office has changed as the key determinants of competitive advantage have changed. Over the past few years, sales, marketing, engineering, and most recently, finance have serially been the corporate lines through which proto-CEOs have risen through the ranks. With intangibles now providing the competitive advantage, perhaps the next trend in CEO-spotting will take place in the IP suite.
Hakim v. Cannon Avent Group: What's the Spillover?
This article examines <i>Hakim v. Cannon Avent Group</i>, which arguably expands the law on claim scope disclaimers. Thus, based on <i>Hakim</i>, when filing an RCE or continuation to broaden claims, care must be taken to ensure that any possible disavowal is unequivocally rescinded. Succinctly asking the examiner to reconsider prior art and noting that the current amendments broaden the claims, after a clear disavowal of claim scope is present, may not always be enough.
25 Years of CAFC Inequitable Conduct Jurisprudence
This article examines four recent Court of Appeals for the Federal Circuit cases that shed light on the CAFC's current inequitable conduct jurisprudence and provide insight into how certain conduct may be interpreted by the court today.
Features
Movers & Shakers
Epstein Becker & Green (New York): Steven Skwara and Robert Penezic join the health care and life sciences practice as partner and as senior counsel, respectively. Skwara was at Blue Cross and Blue Shield of Massachusetts, serving as associate general counsel and as director, fraud investigation and prevention. Penezic was at Broad and Cassel's Fort Lauderdale, FL, office. …
Features
Drug & Device News
Recent occurrences in this important area.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›