LJN Newsletters

The use of investigations to uncover and evaluate potential infringement and unfair competition claims can be an extremely effective weapon for any trademark owner. Usually, a key to successful trademark investigations rests in having the mark owner's investigator pose as an ordinary consumer ' essentially misrepresenting his or her true identity or purpose to the potential infringer. This practice of attempting to gain information through the arguable use of deception or invented scenario is now commonly referred to as 'pretexting' and has led to controversy in the general corporate context. This article concludes that properly conducted and supervised pretext investigations remain in harmony with both the relevant case law and the policy goals of trademark and unfair competition law.

Law firm associate bonuses generally were flat in 2006 compared with the year before. Few would argue that year-end perks up to $65,000 for senior associates were skimpy, but with business brisk and law firms scrambling to attract and keep good associate help, the question is: 'Why?'

On March 22'23 at the Washington Park Hyatt Hotel, Joel A. Rose & Associates, Inc., Management Consultants to Law Offices, will present its 20th Annual Conference & Workshops on Law Firm Management & Economics.

For the past 20 years, law firms have annually increased their hourly rates on the basis of various ad hoc criteria ' what the market will bear, matching the competition, cost-plus, maintaining profit margins ' that neither firm members nor clients find satisfactory. Alternative pricing methods (fixed fees, percentage of the deal, etc.) have long been advocated as a solution to hourly billing discontents, but in practice, for a large majority of firms they remain limited in application. Firms whose clients expect fees to be charged on an hourly rate basis therefore require a rational means of constructing an hourly rate schedule that is transparent and acceptable to clients as well as defensible within the firm.

A 2006 survey report indicated that 57% of law firms with 100 or more attorneys have mandatory retirement age policies. See L. Jones 'Pitfalls of Mandatory Law Firm Retirement,' National Law Journal, May 24, 2006. But legal challenges to mandatory retirement policies at law firms are likely to become more common as baby boomers reach retirement age.

While a chemical compound, such as a drug, cannot be patented twice based on the discovery of a new property of the compound (no matter how important), the patent statutes explicitly authorize patents on new uses for 'old compounds.' While such method-of-use claims can be difficult to enforce, they can be extremely valuable, both to society and to the patent owner. AZT, a failed anti-cancer drug, earned millions and extended lives, after Burroughs Wellcome patented its use to treat HIV/AIDs. While a patent on a new use of an old compound can seem unfair, nothing is taken from the public domain. The patent often only confers the right to prevent others from advertising that the drug can be used to treat condition X as well as its 'old use' to treat condition Y. The public remains free to use the 'old drug' for any unpatented purpose.

The European Patent Organisation ('EPO') has previously strictly prohibited protecting methods for medical treatment and diagnosis. However, a recent decision by the Enlarged Board of Appeals has clarified and restricted the grounds for rejection under Article 52(4) EPC on the basis of non-patentable subject matter. Thus, many diagnostic methods that were previously unprotectable in Europe may now be patented so long as they comply with the basic guidelines set forth in the opinion.

Supreme Court, King's County, erred when it vacated an award of child support arrears because the former custodial parent died and the children are now living with their father. Dembitzer v. Rindenow.