Features
Event Strategy: Ensuring Maximum ROI
You probably have much less time than you wish you had to "do your networking", so you might as well make the most of it. To ensure maximum return on investment for each event you attend, you'll need to carefully decide which events to attend, how to prepare for them, whom to go with, how to approach people and even what to wear.
News Briefs
Highlights of the latest franchising news from around the country.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Should You Make an Earnings Claim?
If there is one question in the minds and on the lips of potential franchisees, it is "How much money can I make with this concept?" Franchisors may answer this question, of course, but with great care and consideration as to what, how, and when they answer it.
Features
Tax Nexus Update for Franchisors
Franchisors thinking of expanding into new jurisdictions, and even those that are not changing anything, should be wary. State and local governments, in this time of deficits, are constantly looking for ways to increase their revenues by broadening the scope of their taxes.
Pros and Cons of Drafting Patent Applications in India
A call center in New Delhi, India, fields questions from a utility customer in a small town in Pennsylvania. An accounting firm in Mumbai, India, provides back-office services for a growing Texas company. An IT company in Perumbavoor, India, provides Internet support to a manufacturer of amplifiers in Washington state.
Technology Potency: Patent Citation Refinements for Merger and Acquisition or Joint Venture Analysis
The real value of a possible acquisition or joint venture partner is often in the potential of their next invention. As advisers, patent managers, and intellectual asset strategists, it is critical that the methodology and tools used for assessing patent quality accurately reflect a would-be ally's technological potency.
Getting to Know Means-Plus-Function Claims: Does 'Means' Always Mean 'Means'?
Means-plus-function claims are a controversial part of claim drafting. On one hand, patent practitioners face the dilemma of whether or not to use such claims in an application, as they may narrow the scope of the patent protection through their dependence on what is described in the specification. On the other hand, such claims may be a complete, simple and elegant way to claim an invention that uses various types of a certain limitation, as in the software field. If a patent practitioner does decide to use means-plus-function claims, he or she should be aware that using the term "means" does not always mean that the claim is a means-plus-function claim. Likewise, the lack of the term "means" does not always mean that a claim is not in means-plus-function form, as exemplified in the recent case law discussed below.
The Advantages of Litigating Patent Infringement Lawsuits in the ITC
Many American companies have become increasingly frustrated at what they perceive as the lack of respect for intellectual property rights by foreign countries. While this situation is likely to improve with time as countries such as China and India realize that the protection of intellectual property rights can be an engine for growth, in the short run, U.S. companies should consider whether they are doing enough to prevent the importation of products that were manufactured overseas and that may infringe U.S. patents. Most IP practitioners are certainly aware that U.S. patent owners may sue a foreign manufacturer in federal district court in the United States for patent infringement and can seek damages and an injunction against the further importation of the infringing products. Many IP practitioners may not be familiar, however, with Section 337 investigations that are conducted by the International Trade Commission ("ITC"). This avenue provides a relatively quick remedy against foreign infringers and may offer significant advantages over traditional litigation in federal court.
In The Marketplace
Highlights of the latest equipment leasing news from around the country.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Redefining Attorney-Client Collaboration with Technology That Delivers Greater ValueIf savvy law firm attorneys haven't done so yet, they should take this time to adjust their expectations and increase their comfort levels with new technologies, processes, and workflows. Going forward, their clients will expect the emphasis to be on relationships and outcomes, not billable hours.Read More ›
- Mixed Ruling in Jefferson Starship Band Name SuitWhat's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Authorship and Copyright In Hybrid AI-Human Collaborative WorksThe United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial processRead More ›