Most attorneys follow model Form 16 in the Appendix of Forms to the Federal Rules of Civil Procedure ("FRCP") when drafting patent infringement complaints. However, in unique factual situations, Form 16-style complaints may not be sufficient to survive Rule 12(b)(6) motions to dismiss and/or Rule 12(e) motions for a more definite statement. For instance, some courts have found complaints that fail to aver particular infringing products to lack the requisite specificity, especially when the asserted patent claims could be read to cover hundreds of a defendant's products. Failing to take these exceptions to the Form 16 standard into account can lead to unnecessary delay and work for the plaintiff (or, conversely, strategic opportunities for the defendant). This article discusses these unique situations, and how counsel may properly draft patent infringement complaints in order to survive Rule 12(b)(6) and Rule 12(e) motions.
- May 02, 2005Ted M. Sichelman
Highlights of the latest intellectual property news and cases from around the country.
May 02, 2005Compiled by Eric AgovinoHighlights of the latest franchising cases from around the country.
May 02, 2005Genevieve BeckHighlights of the latest franchising news from around the country.
May 02, 2005ALM Staff | Law Journal Newsletters |Business franchising, once principally a U.S. phenomenon, has come of age as a global phenomenon. In particular, the explosive growth of international franchising in developing economies has brought tremendous opportunities for both franchisors and franchisees. One country, however, until late, has been conspicuously absent from the list of developing countries that have benefited from franchising ' Nigeria. A massive bureaucracy and a complex web of regulations have ensured that Nigeria remains one of "the last frontiers" for international investment. However, the Nigerian government has become increasingly committed to creating a conducive atmosphere for foreign franchise investment and, with effective counseling, franchisors can effectively negotiate their way through the thicket to the lucrative market within.
May 02, 2005Kendal Tyre and Theophilus EmuwaMany franchisors, franchisees, and attorneys in the industry talk about the need to avoid conflict and to develop mutually beneficial relationships. However, it's easier said than done in a business relationship between companies that sometimes perceive their interests to be unrelated or even diametrically opposed. The American Association of Franchisees & Dealers has spent nearly 14 years developing an objective, broad-based set of standards that franchisors and franchisees can use as a baseline to assess and, it is hoped, to improve their business relationship. In this Q&A, FBLA talks with AAFD Chairman Robert Purvin about the principles of Total Quality Franchising and how they are being implemented in the industry today.
May 02, 2005Q&A with Chairman Robert PurvinLaw firms can provide a valuable fringe benefit for their employees by paying for their education costs. There are several ways a firm can choose to provide this benefit, and depending on the circumstances, one way may be more valuable than another. In addition, the different ways of providing the benefit are not mutually exclusive, and can be mixed and matched to provide greater benefits than one method might provide.
April 29, 2005Richard H. StieglitzThis Month:
Ex-Partners Sue Townsend for Cut of Fees
L.A. Firm Brings Johnnie Cochran Name to San FranciscoApril 29, 2005Compiled From ALM News ServiceThe ranks of law firm partnerships include tens of thousands of "baby-boomer" partners (BBPs), born between 1945 and 1955. These attorneys are now ages 50-60. Surprisingly, little has been written about the expectations and needs of BBPs or the expectations, needs and strategies (if any exist) of their law firms and fellow partners as to BBPs. Moreover, law firm partners both younger and older than their BBPs may be substantially affected by their law firm's strategies for and treatment of the baby-boomer generation.
This two-part article illustrates the expectations, intentions - and tensions - of baby-boomers and their firms, respectively, by using two models. Of course, there can be as many variants as there are BBPs, with numerous potential responses to each unique situation.April 29, 2005Sheldon I. BanoffLaw firms are back ' sort of.
Revenues and profits were up by nearly 10% in 2004, a clear sign that firms have shaken off the tech bust slump.
But even as the biggest legal shops are reaping the harvest of a buoyant economy, they face some difficult choices ahead to maintain revenues ' and to grow profits.April 29, 2005Emma Schwartz