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IP News
March 31, 2009
Highlights of the latest intellectual property news from around the country.
In re TS Tech USA Corp.: Curtailing the 'Rocket Docket'
March 31, 2009
Due to its so-called "rocket docket," many patent litigants select the Eastern District of Texas when filing a lawsuit or a declaratory action. However, the Federal Circuit's recent decision in <i>In re TS Tech</i> may substantially curtail this practice.
Acumed v. Stryker: eBay v. MercExchange Revisited
March 31, 2009
In <i>Acumed LLC v. Stryker Corp.</i>, the Federal Circuit affirmed the grant of a permanent injunction enjoining Stryker from making and selling a putatively infringing orthopedic nail product. In so deciding, the Federal Circuit declined to articulate a bright-line rule governing the grant of permanent injunctions in patent infringement actions. Nevertheless, the <i>Acumed</i> decision is instructive with respect to how the courts may apply the rule of <i>eBay Inc. v. MercExchange, L.L.C.</i> in patent infringement cases and the facts that may be adduced to secure &mdash; or defeat &mdash; the grant of injunctive relief.
Is Your e-Communication Being Read?
March 30, 2009
Any way you look at it, e-communication gives you and your firm exposure in an existing or potential client market. Unlike other communication delivery methods, e-communication is the one place a law firm can actually see specific results ' from who received the communication, to whether that person actually viewed the e-mail or forwarded it on to someone else.
Sutherland Utilizes CompuLaw Vision to Automate Litigation Calendaring
March 30, 2009
In 2004, the Sutherland law firm was dealing with a large enforcement matter that included scheduling many court dates. While working to effectively manage the many aspects involved in this unique case, we looked into using CompuLaw Vision, which draws on CompuLaw's vast databases of court rules and jurisdictions and automatically calculates deadlines, saving time and reducing the risk of error.
Technology Changing the Litigation Game
March 30, 2009
There's no mistaking that new technologies are transforming the practice of litigation. Technology can overlook the time-tested interpersonal styles that facilitate skills development, but it can also offer a leg up when it comes to seamless client service and flexible schedules, a trademark that is here to stay as more Gen Ys enter the workforce with an innate expectation of using these tools. The successful litigator must temper the tension between the obvious personal and professional benefits of taking full advantage of new technology and the corresponding loss of face-to-face interaction.
Microsoft's New Office 2007 File Format Is More Than an Upgrade
March 30, 2009
In March 2008, Microsoft received approval on its new OpenXML file format from the ISO, a step Microsoft says is "proof it is willing to make once-proprietary technology work openly with competing programs." Good riddance! The old binary format was a mess and didn't play well with other applications.
Centralizing Stores of Information to Make Retention Policies Possible
March 30, 2009
Most law firms understand the need to plan for the implementation of records retention policies, but there has been little agreement on how to achieve this goal. Firms are acutely aware of the rising costs associated with storing physical data and the burden surrounding backup, maintenance and migration of electronic content. When faced with the need to produce information, be it at a client request or when compelled by a court, the more control a firm has over its data, the more efficient and cost effective this process will be.
Record Number of Cybersquatting Cases in '08
March 30, 2009
The World Intellectual Property Organization ("WIPO") reported that a record number of cybersquatting cases were filed in 2008: 2,329 complaints were filed under the Uniform Domain Name Resolution Policy ("UDRP"), an 8% increase over 2007.
Democratizing the Social Networks
March 30, 2009
Social networking Web sites are hubs of information. Information about our daily activities, the people we know and the people they know. But as these hubs become more than just a virtual place for the global community to link to friends and post "what you are doing right now," we are confronted with fascinating new questions about how we define personal space, disclosures, and express preferences about our own content.

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