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Features
Although patent enforcement efforts have been historically dominated by the technology-elite, few businesses of the future will be exempt from the impact of patent infringement litigation. Indeed, data published by the USPTO and the federal judiciary reveal that the number of patent applications filed annually and the number of patent infringement litigations initiated annually have both more than doubled since 1990. Simply stated, business leaders of the future are increasingly likely to encounter one of two situations:1) The firm believes others are infringing its patents; or 2) Others accuse the firm of infringing their patents.
Features
Nanotechnology financiers were biting their nails this past October as market forces were engaged by regulatory forces. In the same week, the U.S. Food and Drug Administration ('FDA') held its first full public meeting on nanotechnology safety and environmental risk, and the Environmental Protection Agency ('EPA') placed a Notice of Rulemaking regarding nanotech product commercial release requirements in the Congressional Record. Investors see only risk — each of the two agencies has the power to shut down the evolving nanotechnology industry.
Most software licenses forbid transfer and modification of the licensed software. The General Public License ('GPL') is designed to ensure exactly the opposite — the freedom to modify and share software. According to the Free Software Foundation, the drafters of the GPL, all programs that are distributed under the GPL should be available to recipients to modify and distribute again. And any attempt to deny that freedom should be met with consequences, namely the loss of license rights under the GPL.
Music Industry Trade Group Targets Colleges<br>Judge Says MySpace not Liable for Alleged Sexual Assault on Girl
Features
Although online blogging has gone mainstream in some professions, there's one group of people mostly absent from the blogosphere: the in-house bar. That said, a few in-house blogs do exist, and their numbers are growing steadily.
The Internet has presented numerous challenges to the music industry. Unlicensed digital downloading has been at the top of the list for several years. More recently, the use of music on viral-video Web sites has produced a new set of challenges. Three of the four major record labels have struck content deals with mega-viral-video site YouTube, as have two of the three major TV networks. But music publishers haven't been involved in significant direct viral-video-site negotiations.
Features
In drafting a U.S. patent application, the patent applicant may refer to a prior publication to aid in describing the background or some other facet of his or her invention. The applicant may incorporate this prior public information expressly into the specification of his or her application, or as a shortcut may incorporate this information by explicit reference. This seemingly innocuous shortcut may be a useful tool for the patent applicant or patentee; however, patent infringement litigants — whether plaintiff or defendant — should be keenly aware not to overlook subject matter that has been incorporated by reference either in the patent at issue or in relevant prior art when validity of the patent is challenged.
In today's complex law firm business environment, one might ask, what is Mark or Mary's magic? How do they bring in so much business? How do they make those deals happen? To ensure the long-term 'harvest, life, health and abundance' for the firm, one must ask whether the magic of rainmaking can be developed in new associates, seasoned lawyers or law firm executives.
Features
Today, the pervasive role that technology has assumed in business and legal practice, as more and more of our daily lives are lived online, provides a more fundamental challenge to how attorneys practice business law. In an age when 'paper file' has become an anachronism and an oxymoron, business law and the way it is practiced have required more than just tinkering with particular rules.