News Briefs
November 29, 2007
Highlights of the latest franchising news from around the country.
Court Watch
November 29, 2007
Highlights of the latest franchising cases from around the country.
Arbitration: Is the Silver Bullet a Dud?
November 29, 2007
On the strength of a substantial body of real-world experience with arbitration as a dispute-resolution norm, many franchisors are asking whether their dogged pursuit of arbitration was actually a mistake.
Ten Rules for Franchisors to Reduce Litigation Risks
November 29, 2007
For franchisors who do business consistent with a few critical (and largely common-sense) rules, freedom from excessive lawsuits and from truly damaging litigation results is not out of reach.
Don't Get Caught with Your Patents Down
November 29, 2007
Reverse engineering of competitor products has always played a large and important role in any successful assertive patent licensing program. However, new developments in the patent licensing arena are making reverse engineering much more vital and often necessary for any company seeking to capitalize on its intellectual property assets.
Accounting for Intangibles: From IP to CEO
November 29, 2007
The track to the CEO's office has changed as the key determinants of competitive advantage have changed. Over the past few years, sales, marketing, engineering, and most recently, finance have serially been the corporate lines through which proto-CEOs have risen through the ranks. With intangibles now providing the competitive advantage, perhaps the next trend in CEO-spotting will take place in the IP suite.
Hakim v. Cannon Avent Group: What's the Spillover?
November 29, 2007
This article examines <i>Hakim v. Cannon Avent Group</i>, which arguably expands the law on claim scope disclaimers. Thus, based on <i>Hakim</i>, when filing an RCE or continuation to broaden claims, care must be taken to ensure that any possible disavowal is unequivocally rescinded. Succinctly asking the examiner to reconsider prior art and noting that the current amendments broaden the claims, after a clear disavowal of claim scope is present, may not always be enough.
25 Years of CAFC Inequitable Conduct Jurisprudence
November 29, 2007
This article examines four recent Court of Appeals for the Federal Circuit cases that shed light on the CAFC's current inequitable conduct jurisprudence and provide insight into how certain conduct may be interpreted by the court today.
WHAT DID NOT WORK III
November 28, 2007
WHAT DID NOT WORK III. This is the third in a series of comments on why in-house counsel rejected law firm business development efforts. In a recent discussion with a group of outside attorneys, they pointed to the following: 1. Make sure your team members talk to the client, not to themselves. Prospective clients want to see how you work together in responding to their questions and deal with strategic issues. Don't be talking "under your breath"'
Movers & Shakers
November 27, 2007
Epstein Becker & Green (New York): Steven Skwara and Robert Penezic join the health care and life sciences practice as partner and as senior counsel, respectively. Skwara was at Blue Cross and Blue Shield of Massachusetts, serving as associate general counsel and as director, fraud investigation and prevention. Penezic was at Broad and Cassel's Fort Lauderdale, FL, office. …
