Federal Circuit Clarifies the Limits Of Patent Exhaustion
The Federal Circuit recently clarified the limits of patent exhaustion as it applies to "authorized acquirers" and "complementary goods," holding that authorized sales to persons practicing handset claims did not exhaust a patent owner's rights to enforce distinct but related content claims against defendant content providers who manage and deliver content to handset users.
Features
Effect of Omnicare On Private Placements in Film Ventures
In the entertainment industry, we frequently see private placement memoranda seeking to raise capital for films and that refer to success stories and independent films that became box office hits. But the U.S. Supreme Court's decision in <i>Omnicare v. Laborers District Counsel Construction Industry Pension Fund</i> should make all producers think twice about whether, or how, to include these success stories.
Features
<b><i>Practice Tip:</i></b>Government Investigations and Proceedings
An area of significant concern for most companies is an investigation by a government regulator, and the subsequent administrative proceeding. Not only is there the possibility of fines and penalties, but the defense costs incurred in defending against such actions typically far exceed the actual penalty imposed. As a result, companies should plan ahead by obtaining insurance that will insulate their bottom line from government investigations and administrative proceedings.
Small-Firm Marketing
In a market flooded with newly minted attorneys, spreading the word about your services can feel like an empty pursuit. Attorneys just don't have the time or marketing expertise to experiment with new tactics, so they settle for traditional channels like TV commercials.
Columns & Departments
In the Courts
Analysis of recent key rulings.
e-Discovery
In recent years, the need to treat e-discovery as a repeatable, streamlined process has been well-evidenced by a series of U.S. court opinions citing a wide range of e-discovery failures, including those related to preservation of electronically stored information (ESI), document productions and identification of potential custodians.
Features
<b><i>Voice of the Client:</i></b> Trusted Adviser?
What is a Trusted Adviser and how do you become one, thereby deepening and strengthening a relationship? The authors explains.
Features
Workplace Bullying Laws and Litigation
In recent years, there has been growing awareness about the serious and sometimes tragic effects of bullying. It is a serious concern on social media, in schools, and at work. While no state, or the federal government, has adopted laws explicitly outlawing bullying in the private sector, employers are well advised to proactively take steps to prevent workplace bullying.
Social Media and Hiring Concerns
Less than a decade ago, employers large and small would typically evaluate and hire potential employees on the basis of some fairly standard assessment tools: job applications and/or resumes; in-person interviews; personal and professional references; and transcripts or test scores.
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