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IS DIVERSITY A PREFERENCE OR A VALUE ADDED?
July 30, 2008
IS DIVERSITY A PREFERENCE OR A VALUE ADDED? AS someone who has operated extensively on both the buyer and seller sides of the legal profession, I'm naturally prone to preaching the "understanding your client" doctrine as the key best practice for all marketing and business development efforts. While I've taken some pains, in this publication and elsewhere,to define what "understanding your client" actually means, it is important to remind ourselves that the process of getting…
Rambus: Clarification of IP Disclosure Rules in Standard Setting
July 30, 2008
In a case closely watched by intellectual property holders, the D.C. Circuit has provided new guidance on the potential antitrust consequences of the failure to disclose patent rights during a standard setting proceeding.
Quanta: Supreme Court Expands the Scope of Exhaustion; Redefines Licensing Principles
July 30, 2008
The Supreme Court's recent unanimous decision in <i>Quanta Computer, Inc., et. al. v. LG Electronics, Inc.</i>, expands the scope of the patent exhaustion doctrine and redefines an area of patent law that had been subject to considerable confusion for decades.
IP News
July 30, 2008
Recent developments you need to know.
Movers & Shakers
July 30, 2008
Who's doing what; who's moving where.
<i>adidas v. Payless</i>
July 30, 2008
After almost seven years since inception, the lawsuit by adidas against Payless ShoeSource, Inc. ended at the trial level with a jury verdict against Payless in the amount of $305 million. Payless was found guilty of willful federal trademark and trade dress infringement, trademark and trade dress dilution, and state-law unfair and deceptive trade practices as a result of its sale of footwear bearing confusingly similar imitations of adidas's famous Three-Stripe Mark and Superstar Trade Dress.
News Briefs
July 30, 2008
The latest news from the franchising world.
Foreign F.O.B. Shipment of Infringing Product Does Not Defeat Federal Subject Matter Jurisdiction
July 30, 2008
The Court of Appeals for the Federal Circuit has determined that a trial court does not lose subject matter jurisdiction over a patent or copyright infringement case where all sales of accused products to U.S. customers were made f.o.b. in Canada by a Canadian corporation.
<i>Quanta Computer, Inc., et al. v. LG Electronics, Inc.</i>
July 30, 2008
In <i>Quanta Computer</i>, many observers believed that the Court would address whether, and to what extent, a party can contractually restrict application of the patent exhaustion doctrine, under which patent rights covering a product are extinguished when the product is sold without restriction. Instead, the Court's decision in <i>Quanta</i> appears to be relatively narrow, confirming that the sale of unpatented components can exhaust a system patent that is substantially, but not completely, embodied by those components, but leaving open the broader question of whether parties can contractually limit application of the patent exhaustion doctrine to the detriment of downstream good faith purchasers.
Case Briefs
July 30, 2008
Medical Services Must Be Legally Rendered to Qualify for Payment

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