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Has the Federal Circuit Strengthened Design Patent Protection?
October 28, 2008
In <i>Egyptian Goddess v. Swisa</i>, the Federal Circuit held that the "ordinary observer" test first set forth by the Supreme Court more than 100 years ago is the sole test for design patent infringement.
Legislative Update
October 27, 2008
This article provides relevant highlights of legislative and regulatory reactions to the tumultuous financial events affecting equipment leasing.
The Art in Marketing Strategy ' Creativity vs. Memory <i>The Tools of Marketing Aren't the Strategy</i>
October 07, 2008
The curse ' and challenge ' of marketing is that it's at the apex of competition, which depends for its success on being ahead of the curve. Competing requires attracting the target audience's attention, generating excitement, enforcing credibility, and, in the case of professional services, building a context and an opportunity for selling. And it's all got to be done better than the competitors are doing it. Then it has a better chance to get to the bottom line ' which is the ultimate goal and value of marketing.
LAW FIRM MARKETING AND DIVERSITY
October 03, 2008
LAW FIRM MARKETING AND DIVERSITY concludes this series. Efforts to overcome a client's mis-understandings of the value diversity brings can be divided into two fundamental approaches. First, understanding the client. You know his/her predilections on a sensitive social issue. Because you know them, you are able to create a marketing message that balances the equation and maintains the relationships on both ends, with him and with other buyers who have very different predilections. Second, and on&#133;
Movers & Shakers
September 29, 2008
Who's doing what; who's going where.
Value Behind the Business Process Patent Controversy
September 29, 2008
A decision in the controversial patent case <i>In re Bernard L. Bilski and Rand A. Warsaw v. U.S. Patent and Trademark Office</i> is currently pending in the U.S. Court of Appeals for the Federal Circuit. Nominally, at stake is the future patentability of business methods. In fact, the patent question is but the most visible element. The scope of the underlying topic is far greater. The case highlights the importance of the business processes that link global business networks and create value in the intangible assets that comprise approximately 70% of the average company's market capitalization.
Bait and Switch: From the Showroom to the Courtroom
September 29, 2008
<i>American Seating Company v. USSC Group, Inc.</i>, which relates to a patent infringement litigation, provides interesting considerations for business managers with responsibility for accused, infringing, and/or non-infringing "alternative" products as well as for legal and financial professionals who deal with the determination of economic damages in patent infringement matters.
A Review of the ITC and the Recent Increase In Filings
September 29, 2008
Practitioners before the International Trade Commission have noted a substantial increase in the number of filings and Section 337 investigations over the last several years. In addition to providing possible reasons for that substantial increase, this article provides an overview of IP-related investigations at the ITC, and explores the success rate of the complainants over the respondents in the ITC. Finally, this article considers whether the ITC will be "a victim of its own success," following the pattern of the Eastern District of Texas and the Eastern District of Virginia.
Case Briefs
September 29, 2008
Highlights of the latest insurance cases from around the country.
'Late Notice' under Liability Policies: California Law
September 29, 2008
Liability insurance policies typically contain provisions requiring that an insured notify the insurance carrier "as soon as practicable" of a claim or loss that potentially might be covered by the policy. If there is any delay in providing notice, an insurance carrier may deny coverage, or at least reserve its right to deny coverage. However, there are many situations in which a delay in notice, even if not excusable, will not result in a loss of coverage.

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