Evidence on Social Networking Sites
December 21, 2009
Social networking sites offer an abundance of exculpatory and impeaching evidence that may not be obtainable without some undercover detective work. Unfortunately, discovery rules and ethical guidelines have not kept pace with the digital sprawl of MySpace and Facebook. In the absence of explicit direction from the Rules of Professional Conduct and the laws governing online behavior, flying a false flag in these uncharted waters may be hazardous.
Tweet Tweet: The Rockin' Copyright Debate
December 21, 2009
Is a Tweet on the Twitter networking site protected by copyright law? The question is complex and without a definitive answer. The prevailing opinion is no, but with some possible exceptions.
Best Practices for Transitioning to Word 2007
December 21, 2009
In the arena of technology, it is hard to forget those traumatic events when the whole world seemed to change on a dime. Nowhere is this felt as extremely as in the legal industry where document production requirements are time critical. How do you help your staff transition to Word 2007 so that they may reach the same productivity levels as before? This article provides some tips to lessen the anxiety and drama potentially associated with this migration.
How to Manage Excel Lists
December 21, 2009
Excel is a good tool for managing lists at the end-user desk. Short of working with a full-fledged database, Excel provides the ability to sort, filter, subtotal, parse, join (concatenate) and change the letter casing of your information for easier data handling and reporting.
'Voodoo Information': Authenticating Web Pages In Federal Court
December 21, 2009
During the life of any case, there will likely be valuable information obtained from the Internet that will be used at deposition or trial. Commonly, the proponent of online evidence will present a screen shot of the Web page, which was either downloaded as a .pdf or printed directly from the Web site. The process is like taking a photograph of the image as it appears on the monitor. In general, this captures not only the look, but also the download date and the URL. If proper steps are not taken to admit the evidence, the value of this information may be lost.
IP News
December 18, 2009
Highlights of the latest intellectual property news from around the country.
PTO's Annual Report Reveals Declining Revenue and Application Numbers, Plus Dip In Backlog
December 18, 2009
The U.S. Patent and Trademark Office's fiscal year 2009 annual report indicates declining revenue and patent filings. Notably, there was both a dip in the backlog of patent applications and an increase in the time it takes for the agency to issue a patent. Some lawyers believe the former can be attributed in part to applicants abandoning applications because of the economic downturn.
IP Expenses
December 18, 2009
In-house lawyers can do great good for their companies by deploying IP assets to realize direct monetary return for their companies, but they are under more pressure to reduce expenses because of the inaccurate perception that IP-related expenses do not add to the bottom line, a perception that stems from accounting conventions.
Increased Delays Expected When Filing RCEs
December 18, 2009
The USPTO recently announced that it would implement internal changes to RCE docketing on Nov. 15, 2009, and will implement internal changes to the examiner count system by early 2010. These changes may significantly delay further examination of an application in which a RCE is filed, and consequently the ultimate issuance of a patent. To mitigate the effects of these changes, patent applicants may need to alter patent prosecution strategies going forward.
