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Features

The Obviousness of Patent Alternatives

Thomas J. Colson

This article explores the alternatives to patenting.

Supreme Court to Reconsider Patent Exhaustion

Paul A. Ragusa & Noera Ayaz

May a patent owner sue its own licensee's customers when those customers purchase essential components that have no reasonable non-infringing use from the licensee, and then combine those components with others to form a patented product? The answer may be decided by the Supreme Court in <i>Quanta Computer, Inc. v. LG Electronics, Inc.,</i> U.S., No. 06-937, <i>cert. granted</i> Sept. 25, 2007.

Features

USPTO Implements New Rules Governing Continuing Applications and Claim Quantities

Andrew T. Spence, James T. Pinyerd & Guy R. Gosnell

The second installment of this two-part series examines the U.S. Patent and Trademark Office's final rule as it relates to examination of claims, applications with patentably-indistinct claims, second-action final practice, and refund of excess-claim fees.

Transgender Employees

John D. Shyer & Toshi Kameoka

Part one of this article explained the terminology and discussed some of the challenges employers face in treating transgender employees in a nondiscriminatory manner. Part Two continues the discussion.

Voluntary Versus Mandatory Wellness Programs

David S. Baffa

With the understanding that preventable illnesses means preventable costs, many employers have instituted programs aimed at improving employees' overall physical and mental health. These strategies are commonly referred to as 'wellness programs.' This article examines the types of wellness programs that have been used with increasing frequency, as well as the benefits and risks associated with those programs.

Florida's New Domestic Violence Leave Law

Mark A. Addington

On July 1, 2007, Florida became one a handful of states that require employers to provide leave to employees to deal with domestic violence. The new law creates ' 741.313, Florida Statutes, requiring certain employers with 50 or more employees to provide leave for employees to deal with domestic violence issues.

Non-Competition, Non-Solicitation and Non-Disclosure Agreements

Rosanna Sattler & Joseph P. Corrigan

When negotiating non-competition, non-solicitation and non-disclosure agreements, there are many issues that should be taken into consideration, regardless of whether counsel is given to the employer or employee. For example, is the agreement or restrictive covenant necessary to protect the employer's legitimate business interests? Is the agreement supported by adequate consideration? Is the restrictive covenant reasonably limited as to time and geographical location in which the conduct is prohibited? What law will apply to the agreement?

Features

IP News

Matt Berkowitz

Highlights of the latest intellectual property news from around the country.

Features

Online Interviewing for Use in Lanham Act Litigation

Alex Simonson

Internet interviewing will undoubtedly become the norm over the next decade. Being familiar with the ways to enhance its reliability and validity will be necessary to create scientifically valid, controlled, and reliable studies that can be used in Lanham Act litigation.

Copyright Misuse: An Overview

Kyana R. McCain & Michael Cestaro

The doctrine of copyright misuse is a fairly recent development in copyright law. Since it was first recognized less than 20 years ago, the judicially created doctrine has emerged as a valid defense in at least several circuits, while other courts have been reluctant to accept it.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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