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Responding to Claims Against Your Law Firm
January 31, 2008
No matter how good a loss prevention program your firm has in place, it is a sad but inevitable fact of life that you will have claims. Your goal as a firm manager, therefore, is not to reduce claims incidence to zero, but rather to have a sound program in place to identify and respond to claims in a manner that minimizes your losses. Here are some thoughts on how to do that from the perspective of a trial lawyer who has spent much of the past 30 years defending law firms against such claims.
Selecting Experts in Patent Cases: A Few Simple Considerations
January 31, 2008
This article discusses several simple considerations that confront a litigant when selecting experts in a typical patent case.
Who Cares About Japan?
January 31, 2008
In the first article in this series, we established that the Japanese government has taken a keen interest in rebuilding its regulatory foundation to help strengthen the country's intellectual property rights ('IPR'). The second installment explored the evolving strategies Japanese corporations have and are beginning to employ to leverage their intellectual capital. This final installment focuses on Japan's leading role in developing and enforcing international IPR, specifically within Asia.
Patents and Open Source Software: New Issues Raised in the GNU General Public License v3.0
January 31, 2008
Version 3.0 of the GPL, published on June 29, 2007, contains several new provisions regarding patents prompted by a recent agreement between Microsoft and Novell.
IP News
January 31, 2008
Highlights of the latest intellectual property news from around the country.
Incorporating a Disclosure Made Difficult: Zenon Environmental, Inc. v. United States Filter Corp.
January 31, 2008
Incorporating a disclosure from an earlier document by reference would not appear to be a difficult task, but a recent decision from the Federal Circuit suggests otherwise.
Famous Marks Doctrine: A Defeat in New York State
January 31, 2008
In <i>ITC Limited v. Punchgini, et al.,</i> the New York Court of Appeals declined to recognize the 'famous marks' doctrine, but it did confirm the possibility of protection under existing common law theories of misappropriation in certain limited circumstances.
Bone of Fido Parody: <i>Louis Vuitton v. Chewy Vuiton</i>
January 31, 2008
A biting satire it may not have been, but <i>Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC</i> nonetheless concluded that canine chew toys fashioned after Louis Vuitton handbags were a permitted parody that did not infringe or dilute Louis Vuitton's admittedly well-known marks. Although the decision scratches little new ground in the trademark jurisprudence of parody and infringement, it was a first opportunity for an appellate court to assess parody under the new Trademark Dilution Revision Act.
The Leasing Hotline
January 31, 2008
Highlights of the latest commercial leasing cases from around the country.
Using a License Agreement Instead of a Lease
January 31, 2008
Given the need of landlords to be relieved of the onerous burdens and frustrations of traditional landlord-tenant litigation, a license agreement may be useful for the right business plan.This article discusses the license agreement &mdash; its limitations and its powers. It also dissects and explains when and how to use a license agreement, and the ability to effectuate self-help properly.

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