Practice Notes
May 29, 2009
A roundup of noteworthy entertainment law firm and attorney movement and news.
Valuation of Sponsorship Opportunities in Sports
May 29, 2009
Valuation of a sponsorship opportunity is much more art than science and it is important that a lawyer involved in the negotiation of a sponsorship agreement understand how the various factors interrelate. While this article focuses on the factors affecting the valuation of a sponsorship opportunity with a NASCAR race team, most of the factors can be applied to sponsorship opportunities in other sports as well.
Think Carefully When Filing Continuation Applications
May 29, 2009
Recent decisions have assaulted continuations on several fronts. Because of a new requirement to rescind claim scope disclaimers, it will be easier to avoid infringement of continuations, and because of strengthening enablement and written description requirements, more continuations will be invalidated on those grounds and on prior art grounds when priority claims are more easily broken. Consequently, care should be taken in the preparation and prosecution of any patent application claiming priority to another application.
TS Tech's Impact on Transfer Decisions
May 29, 2009
<i>In re TS Tech</i> and, to a lesser extent for patent cases, <i>In re Volkswagen of Am., Inc.</i>, have changed the landscape of ' 1404(a) cases in the Fifth Circuit. Patent cases that once would not have been transferred out of the Fifth Circuit may now be transferred based on <i>TS Tech.</i>
IP News
May 29, 2009
Highlights of the latest intellectual property cases from around the country.
Patent Opinions, Willfulness and Inducement
May 29, 2009
Recent decisions have begun to fill in the gaps left by <i>In re Seagate Technology, LLC.</i> They suggest that a competent opinion is still an effective defense to a willfulness charge, and that a jury may consider a defendant's failure to obtain an opinion when determining the defendant's intent for purposes of willfulness and inducement. Also, legitimate trial defenses may be sufficient to establish that a defendant's actions at the time of infringement were not "objectively reckless.
TO LAWYERS SWITCHING PRACTICE AREAS - NOT SO FAST!
May 28, 2009
TO LAWYERS SWITCHING PRACTICE AREAS - NOT SO FAST! No one has been immune from our sluggish economy. Lawyers are seeing pinkslips and downsizing. It makes sense that lawyers with a healthy survival instinct are switching to bugeoning practice areas like bankruptcy, employment and securities. What is more, attorneys who have experience managing complex cases can translate that skill set to other applications. But does that mean that all your law selling resources should be rerouted…
Case Briefs
May 28, 2009
Highlights of the latest insurance cases from around the country.
The Cooperation Clause
May 28, 2009
An insured's alleged failure to cooperate will not often be a successful defense to coverage. Furthermore, even if the claim may have some merit, there must be substantial prejudice, something that an insurer typically cannot prove while the underlying lawsuit is pending.
