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Effectively managing, sharing and securing information can help corporate legal departments and individual law firms reduce administrative costs, protect case records and improve levels of customer service. Improperly managed, case information creates unnecessary risks, and is a huge drain on productivity as employees are forced to sift through an ever-increasing number of documents to (hopefully) locate the critical information they need to do their jobs.
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Depositions in civil litigation serve multiple purposes. If one thousand litigators were polled, one would probably hear as many different opinions on the various purposes of depositions and the relative importance of those purposes. But one thing that all litigators should agree on is that real-time transcription and deposition transcript management applications can be significant tools for accomplishing whatever goals one has in a given deposition.
Recent cases in e-commerce law and in the e-commerce industry.
The economy racked up another apparent e-commerce activity record in the first quarter, the U.S. Census Bureau reports. The government says that e-commerce sales, which include Internet and other electronically conducted transactions, rang up at a little more than $31.5 billion from January through March, plus or minus a 1.3% margin of error.
For clients whose primary presence is in the United States, including e-commerce businesses, cross-border cooperation among law-enforcement organizations raises distinct and difficult issues. An effective defense requires knowledge of treaties and criminal law in two or more jurisdictions and collaboration among defense counsel in different countries.
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Manufacturers and distributors use traditional stores and Internet sites to sell goods and services. But too often, when identical items are offered simultaneously through these channels, Internet price advertisements divert so much business from the traditional stores that those traditional outlets stop offering the items. MAP ('minimum advertised price') agreements, which prevent items from being advertised below some specified amount (the minimum advertised price), are often employed to maintain access to traditional and Internet sales channels.
Highlights of the latest intellectual property news and cases from around the country.
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The Second Circuit recently ruled that, in the absence of specific Congressional legislation, owners of famous foreign trademarks must show use within the United States to avail themselves of the protections offered by American federal law. The Court of Appeals also certified questions to the district court as to whether New York common law protects a famous foreign trademark that only has been used in a foreign country. The case is an instructive overview of the law of trademark abandonment and the famous marks doctrine.
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Continuing the recent trend of court decisions expanding jurisdiction over declaratory judgment challenges to patents, the Court of Appeals for the Federal Circuit (the 'Federal Circuit' or the 'court') opened the door to increased challenges to drug patents in <i>Teva Pharms. USA Inc. v. Novartis Pharms. Corp.</i>, 482 F.3d 1330 (Fed. Cir. 2007). The Federal Circuit ruled that a generic drug company could, under the appropriate circumstances, pre-emptively seek a declaratory judgment that certain drug patents listed in the FDA's Orange Book are invalid or not infringed. Generic drug companies thus can have a court resolve patent infringement issues before undertaking the expense of launching a generic drug under the threat of patent litigation and any resulting injunction or treble damages for willful infringement. The <i>Teva</i> decision is expected to increase declaratory judgment challenges by generic drug companies and help speed generic drugs to market when those challenges are successful.