Building a Patent Portfolio in View of the New Patent Rules
The latest change in the rapidly evolving field of patent practice emerged in August 2007, when the U.S. Patent and Trademark Office ('PTO') published its new rules for practice. Covering examination of patent claims and continued examination filings, these rules may be the most fundamental change to patent practice in decades. In particular, they will significantly limit applicants' ability to present patent claims in a single application, and they will in many cases prevent applicants from pursuing additional claims in continued application filings. These rules will generally make the patent process significantly more time-consuming, more complicated, and, as a result, more expensive.
Movers & Shakers
News about lawyers and law firms in the franchising industry.
News Briefs
Highlights of the latest franchising news from around the country.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Features
The Arbitration Fairness Act of 2007: Are the Days of Mandatory Arbitration Provisions Numbered?
A 'consumer protection' bill that would bar as invalid and unenforceable mandatory arbitration provisions relating to, among other things, franchise disputes is presently referred to the Senate's Judiciary Committee and the House of Representatives' Committee on the Judiciary and its Subcommittee on Commerce and Administrative Law. If passed by Congress, the Arbitration Fairness Act of 2007 ('AFA') (S. 1782 and H.R. 3010) introduced by sponsors, Sen. Russ Feingold (D-WI) and U.S. Rep. Hank Johnson (D-GA), would significantly, in both the eyes of franchisors and their franchisees, amend the Federal Arbitration Act, 9 U.S.C. '1, <i>et seq.</i> ('FAA') to not only invalidate mandatory arbitration provisions in the context of franchise disputes, but also for consumer and employment disputes as well.
Features
Injunctions in the Franchising Context: Comparing the Canadian and American Systems
Franchisors often seek injunctions to enforce non-competition and other covenants contained in their franchise agreements, sometimes during but most often after the end of the franchise relationship. A common example is an injunction to enforce a covenant in which the franchisee contracts to not compete in a similar business for a specified period of time and within a specified geographic area. If successful, the moving party-franchisor is granted an injunction forcing the former franchisee to abide by its contractual obligations for the specified time period. Given the time it generally takes to reach trial, the non-competition clause often will expire before the trial occurs. As such, a successful interlocutory injunction motion often will finally decide the issues for the franchisor, rendering the trial moot. Given this reality, parties frequently settle after a successful interlocutory injunction, or the case may be abandoned after an unsuccessful one.
Case Briefs
Highlights of the latest insurance cases from around the country.
Insuring Against Disaster: Coverage for Product Recalls
In recent months, it has seemed that barely a week has gone by without the announcement of a major product recall, whether it be of pet food (tainted with a wheat gluten additive), toothpaste (containing poisonous diethylene glycol, a solvent used in antifreeze that imparts a sweet taste), millions of children's toys (the subject of four major recalls, several of which involved lead paint), almost half a million light truck tires (lacking a safety feature that guards against tread separation), or 3.6 million Ford cars, trucks, and SUVs (containing a cruise control switch linked to vehicle fires). Recalls have become so common of late that satirical magazine <i>The Onion</i> 'reported' in late July that shares of Constitution Solutions, LLC ('COSO') 'fell sharply Tuesday after several Eastern bloc constitutions written by COSO were recalled due to loopholes that allowed Vladimir Putin to re-form the Soviet Union.' Stockwatch, <i>The Onion,</i> July 26-Aug. 1, 2007, at 2.
Features
How to Improve an Internet Search Result by Adding a Little Precision
The Internet is a powerful tool for research, containing information about law, business, government, science, medicine and many other things. There is a Web site for just about anything anyone would want to know. Unfortunately, with the proliferation of Web sites today, any search may return hundreds of results, many of which are not relevant, and many of which are not reliable. This article will discuss some advanced search techniques in Google that can improve the relevance of search results. It will also examine ways to determine the reliability of a Web site.
Internet Not Always Interstate
It may be called the World Wide Web, but the government cannot automatically equate Internet use with movement of photos of child pornography across state lines, the Tenth U.S. Circuit Court of Appeals has held.
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MOST POPULAR STORIES
- 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's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
