The United States Supreme Court's recent decision in Illinois Tools Works v. Independent Ink reversed almost 50 years of precedent holding that the owner of a patent was presumed to have market power in patent-related tying cases brought under the Sherman Act. The Court noted that Congressional amendments to the patent code explicitly finding that tying was not a per se patent misuse, coupled by the widely accepted view in academia that patents did not inherently lead to market power, had so eroded the legal doctrine supporting the presumption of market power in patent-related tying cases, that a new rule was appropriate. The Court held that in all future tying cases, the plaintiff must allege and prove that the defendant has actual market power in the tying product ' the mere existence of a patent is no longer sufficient.
- April 26, 2006Steven M. Bauer
Over the last decade, one of the major trends in this country has been the privatization of services by governments. The federal government has increasingly ' with the approval of Congress ' contracted out to private entities functions that historically had been performed only by governments themselves.
This privatization of federal services has spawned a variety of legal issues. One of the most significant is whether employees of these private entities can be sued for monetary damages, in the same fashion that public employees can be sued, by people who assert that these employees violated their constitutional rights. The U.S. Court of Appeals for the Fourth Circuit recently shed light on this issue in the case of Holly v. Scott.April 26, 2006Mark A. DavisThe U.S. Securities and Exchange Commission (SEC) published its proposal to revamp the rules governing the disclosure of executive and director compensation on Jan. 27, 2006. The proposed rules stand to significantly alter the compensation disclosure requirements applicable to registration statements, proxy statements, annual reports and Form 8-Ks, and are intended to ensure that investors receive disclosure that is 'clearer and more complete.' The regulations are the first attempt at a major overhaul of compensation disclosure since 1992 and were proposed in response to the widespread criticism that the current disclosure requirements do not engender a complete and accurate description of executive pay packages.
The proposal, to adapt the old saying, combines something old, something new and something borrowed.April 26, 2006Linda E. Rappaport, Doreen E. Lilienfeld, and Amy B. GitlitzMany of the stories about senior partners pressured to retire so the next generation can take over are not pretty. They contradict long-held notions of what a partnership should be and neglect the long-time partners' non-financial needs.For younger generations in the workplace to get what they want from a transitioning agreement, there must be something in it for the more senior people too.
April 26, 2006Phyllis Weiss HaserotChapman and Cutler LLP is a Chicago-based law firm focused on innovative and practical legal solutions for complex financial transactions. In addition to traditional financing, the firm, with its pool of 180 attorneys located in three offices, is widely recognized for its experience in specialized areas of finance. Keeping up with the pace of change in the financial arena, as well as the rapidly evolving needs of Chapman and Cutler's clients, has consistently challenged our IT group to provide the Chapman user community with the most up-to-date and efficient technology solutions. This was our objective last summer when we set out to replace and upgrade our firm's cost recovery systems.
April 26, 2006Todd NugentAs the copyright terms of many iconic, character-based works of the 20th century near closure, owners of these works face the question as to what extent they can enjoy exclusive rights in the characters they have created. Included is Disney's Mickey Mouse, first introduced in the short animated film 'Steamboat Willie' in 1928. Enterprising third parties raise the related question: Does the expiration of copyright mean these works and characters can be freely exploited? Once a copyright term lapses, an original work is said to pass into the public domain, available for all to freely copy and exploit. However, continued trademark protection for a character may delay or complicate the character's passage into the public domain. A careful analysis of fundamental principles of trademark and copyright law and relevant case law illuminate certain legal guideposts for navigating through the complexities of character protection.
March 30, 2006Paul A. LeeHighlights of the latest intellectual property news from around the country.
March 30, 2006Compiled by Eric AgovinoThe intranet has developed into the preferred platform for internal communication within many law firms.
Similar to the Web, there is a lot of value to be gained from a strong intranet presence. Everyone had his or her own ideas on what should be included and posted on the intranet. After a number of group meetings with IT, each department was given a page with basic components.March 30, 2006Margaret Ross and Susan GiustiHow do you get the highest and best use out of your firm's professional development investment, over and above the clear benefit to your own lawyers and staff? Odds are there is a huge amount of intellectual property already in existence as a result of your firm's internal programs. Consider turning what is a valuable cost center into an invaluable business development resource.
March 30, 2006Valerie FitchLondon-based Eversheds recently won the 2005 'Best Use of Technology' award from the European Managing Partners Forum. The annual practice-management competition is open to law, accounting, property management, management consulting and other professional services firms. Categories cover marketing, human resources programs, diversity efforts, financial management and more.
March 30, 2006Larry Bodine