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IP News

Jeffrey S. Ginsberg & Brooke Hazan

Fed. Circ.: Brand Pharmaceutical Company Entitled to 50% Of Generic Drug Maker's Profits During Patent Term Only <br>Fed. Circ.: Petitions For Panel Rehearing on Enhanced Damages In ' 284 Of the Patent Act Are Denied<br>Fed. Circ.: Defendant Unable to Seek Stay of Patent Infringement Suit Prior to PTAB Instituting Petitions Seeking Covered Business Method Reviews under AIA

Features

Is Your TIC Client a Candidate for Conversion to DST?

Michael Donovan & Andrea Patton

Tenancy in Common (TIC) arrangements are reaching maturity. This article explains the reasons converting to a DST may facilitate a refinancing, and discusses factors to keep in mind when considering the conversion of a TIC to a DST, most notably certain leasing limitations.

Development

ljnstaff & Law Journal Newsletters

Discussion of a recent case in which it was determined that neighbors may not enforce the zoning code without making a requisite demand to local officials.

Big Data Rights Protection Found in Internet Copyright Law

Jonathan Bick

The Big Data-Internet connection is evidenced by the fact that the Internet is required for most Big Data transactions, including collection, storage and dissemination. Most of Big Data's content consists of uniquely Internet-related elements, namely users' transactions, meta-tag applicators and Internet content providers.

Features

DE Chancery Enjoins Board in Potential Stockholder Dilution Scheme

Brett M. McCartney

Directors and officers of struggling corporations seeking capital or startups willing to trade equity for cash should carefully read the Delaware Court of Chancery's recent transcript ruling in <I>Elite Horse Investments Ltd. v. T3 Motion</I> and consider it a cautionary tale.

Columns & Departments

Real Property Law

ALM Staff & Law Journal Newsletters

Discussion and analysis of several important decisioins.

Features

Deritivative Cyber Litigation

James D. Gassenheimer & Lara O'Donnell

Potential liability for data breaches has emerged as a major concern for businesses in the past few years as massive cyber-attacks are increasing, with companies that use or store private customer data electronically or use social media as part of their marketing strategy being the prime targets.

The Greatest Article Ever Written on Puffery!

R. Scott Oswald & Adam Augustine Carter

There is a precarious relationship between a company's boasting and the potential impact on those to whom it crows. In the parlance of the law, communication of this type has come to be known as "puffery."

Columns & Departments

In the Marketplace

ALM Staff & Law Journal Newsletters

Who's going where; who's doing what.

Features

The Changing Face of Legal Research

Daniel J. O'Rielly

Executing a powerful business development plan is a challenge every attorney faces. For attorneys at small firms and with solo practices, doing it without breaking the bank is one of the biggest hurdles to a thriving practice.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • A Playbook for Disrupting Traditional CRM
    Here's the playbook for disruption: Take attorneys out of the equation. Stop building CRM that succeeds or fails on their shoulders. We need to shift the focus and, instead, build the technology from the ground up for the professionals who actually use it: marketing and business development.
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