LJN Newsletters

As the U.S. economy begins to switch from an industrial model to a knowledge-based one, business owners must adapt their traditional means for conveying the value of their assets. Intellectual property ('IP') is an intangible asset often overlooked by investors in assessing the value of a business, because companies fail to provide a useful metric for its value. IP branding is a business strategy that educates potential investors, licensees, and even competitors about the quantifiable worth of a company's intangible assets, such as patents and trademarks. Although branding has historically functioned in the traditional trademark sense to identify tangible products and services and to distinguish them from competitors, thereby giving the owner of the brand market power, it applies equally to other forms of IP. In a nutshell, the value of a firm or business is equal to not only the inherent value of its IP, but also the value added from the successful branding of a company's intangible assets. This article presents four key steps, with a focus on patents and trademarks, toward adding an IP branding strategy to an existing business model.

In Israel Bio-Engineering Project v. Amgen, Inc., 475 F.3d 1256 (Fed. Cir. 2007), the Federal Circuit addressed whether a plaintiff had independent standing to sue on a single patent claim, where the patent-in-suit contained two additional claims directed to subject matter that was discovered in part by a co-inventor who had not assigned his ownership rights in the patent to the plaintiff.

By now, 'knowing the client' is a marketing bromide and a fairly tired one at that. To reinvest the mantra with actionable meaning, law firms must understand the in-house dynamic ' they must know how in-house counsel actually think ' in very specific terms.

A word from Editor-in-Chief Elizabeth "Betiyan" Tursi.

The Ninth Circuit, in a case of first impression in that circuit, recently adopted the long-standing policy of the U.S. Patent and Trademark Office's ('PTO') Trademark Trial and Appeal Board ('TTAB') that 'use in commerce only creates trademark rights when the use is lawful.' CreAgri Inc v USANA Health Sciences Inc., 474 F.3d 626 (9th Cir. 2007). The Ninth Circuit in CreAgri noted that 'at least one [other] circuit has adopted and applied this rule. See United Phosphorous, Ltd. v. Midland Fumigant, Inc., 205 F.3d 1219, 1225 (10th Cir. 2000).'

Big law firms are snatching up qualified graduates as quickly as law schools can churn them out. And with those schools graduating about the same number of students each year, some observers say the tightest squeeze is on midsized firms, those with 150 to 350 attorneys that also want a steady, though smaller, supply of associates each year.

Humor through cartoons can have a greater impact if strategically placed. This article touches upon some important factors when considering these special forms of illustrations for your next PowerPoint presentation.

Can asking your clients questions be the answer to increased business? We recently attended a legal marketing workshop in Philadelphia, and the main topic of conversation revolved around retaining clients, and what clients believe is important in their choice of attorney or law firm. We were not surprised to find that there is a huge disconnect between what clients are looking for in their choice of attorney, and what they believe they are receiving from their current law firm.