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Features

<b><i>Professional Development:</i></b> I Created a LinkedIn Profile: Now What?

Tracie Bedell & Mayumi Wille

LinkedIn has gained popularity as <I>the</I> social media tool for professional networking, and there are good reasons:. Here is what you need to know.

Features

The New Hybrid Standard for Appellate Review in Claim Construction

Nancy Zhang

The Federal Circuit has long maintained that it is entitled to review a claim construction decision <i>de novo</i>, without deference to the district court. Over the years, this approach has led to a notably high reversal rate of district court claim construction decisions. This "two bites at the apple" approach remained controversial, and on Jan. 20, 2015, the Supreme Court rejected this blanket policy of <i>de novo</i> review in favor of a hybrid approach.

Features

What to Do When an Entertainment Industry Licensee or Licensor Files for Bankruptcy

Timothy W. Walsh, Gregory Kopacz & Darren Azman

Legal uncertainty abounds for entertainment industry licensees and licensors when their license counterparties enter the murky waters of bankruptcy. When a licensor hits the skids, a licensee's two primary concerns should include: 1) whether the protections afforded by Bankruptcy Code '365(n) are available if the debtor-licensor rejects the license; and 2) protecting its rights if the debtor-licensor seeks to sell the intellectual property. By contrast, when a licensee considers filing for bankruptcy, it must consider whether it can assume or assign the license.

Features

2016 Budget Targets Retirement

Lawrence L. Bell

Last month, the Obama Administration's Fiscal Year 2016 Budget was published, along with the Department of Treasury's Greenbook, a detailed explanation of the President's proposed budget. Because the proposed legislation must pass a Republican led Congress, the President's budget may be "aspirational." It is a good indicator of the tools the Administration is prepared to use to fund its wish list.

Features

Raising the Stakes

Marjorie J. Peerce, Charles A. Stillman & Elizabeth J. Lee

The government has become increasingly aggressive in pursuing criminal claims not only against corporations, but also against in-house counsel and compliance personnel, for conduct once treated almost exclusively as civil.

Cruise Ship Operator Not Insulated from Responsibility for Health Care Provider

Janice G. Inman

Breaking with longstanding precedent, the Eleventh Circuit recently concluded that previous case law holding cruise ship operators blameless for the negligence of their onboard medical personnel is based on outdated norms. This decision may have far-reaching consequences for shipboard medical malpractice claimants and their representatives.

Features

<b><i>Marketing Tech:</i></b> The Compelling Case for Mobile Marketing

Larry Bodine

Less than half of AmLaw 200 firms have mobile websites, but that may change soon. In January, Google started sending messages to web operators to "fix mobile usability issues."

Features

Family Law in Texas

Jonathan J. Bates

The most-asked questions about family law in Texas are answered by an expert.

Features

<b><i>Sales Speak:</i></b>Lawyers Are in the Relationship-Building Business, But Are They Connecting?

Kimberly Alford Rice

Some things appear to be so simple that we assume (dangerously) that everyone "gets it." But a significant number of lawyers either have no system ' formal or otherwise ' for getting and staying in touch with key people, or do a dismal job of staying connected.

Columns & Departments

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

Analysis of two important rulings.

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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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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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