The most recent rulings of importance to your practice.

Highlights of the latest intellectual property cases and news from around the country.

The ability of patents to encourage innovation by granting exclusive rights is well-recognized. However, patents can serve an antithetical role as well by, in certain circumstances, deterring, rather than encouraging, innovation.

The practice of "reverse engineering," whereby one company obtains the product of a competitor and works backwards "to divine the process which aided in its development or manufacture," has long been accepted as a legitimate (and sometimes wholly necessary) practice in the computer software marketplace. <i>Kewanee Oil Co. v Bicron Corp.</i>, 416 U.S. 470, 476 (1974).

When the plaintiff in a patent litigation contends that it has never made or sold the product protected by its patent, alarm bells should start clanging in the ears of defense counsel. For the odds are that the plaintiff is angling to take advantage of a little-used aspect of the law of patent damages that can lead to a windfall recovery for patent infringement. It is the <i>Wine Railway</i> exception to the well-known "notice" provision of the patent statute. Created by the Supreme Court in <i>Wine Railway Appliance Co. v. Enterprise Railway Equipment Co.</i>, 297 U.S. 387 (1936), the exception can lead to catastrophic and unforeseen patent damage awards. Such damages are unforeseen (and, some would argue, unfair and undeserved) because they arise without any notice of infringement, actual or constructive.

Faced with the most difficult economic conditions in years, many law firms are looking for ways to maintain a competitive edge ' without negatively impacting cost structures. Investing in client service is a strategy that reaps both long- and short-term benefits.

Features

With the recent conflict in Iraq and the country's ongoing focus on homeland security, many employers find themselves confronting for the first time a significant body of employment rights and obligations imposed by the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA). As of April 1, 2003, the Department of Labor estimated that 220,000 reservists and National Guard members were on active duty, and that roughly 280,000 reservists and Guard members had been called up since September 11, 2001, surpassing the total number called to active duty for the first Persian Gulf War.

Recently, in selected metropolitan areas, law firms and their clients, began receiving letters from the Business Software Alliance (BSA), an industry watchdog group that cracks down on the illegal use of the world's software. The letter warned its recipients of the risks and implications of pirating software. It may have been dismissed as a veiled threat by some, while others were left scratching their heads, asking, "Can anything really happen to us from pirating software?"