Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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<b>Breaking News</B> Supreme Court Buries <i>Dr. Miles</i> Rule of Retail Pricing
June 28, 2007
The Supreme Court on June 28 overturned a 1911 precedent ' known by law students everywhere as the Dr. Miles rule ' under which minimum retail prices established by manufacturers were deemed to be an automatic or per se violation of the Sherman Antitrust Act.
USPTO's Accelerated Examination Program: Speed at a Price
June 28, 2007
Part One of this series discussed the history of the USPTO's Accelerated Examination procedure and the procedural requirements for applicants. This month's installment continues the discussion of requirements for accelerated examination.
Best Practices, Productivity Tools Are Key to Higher Patent Returns
June 28, 2007
Today's innovation and brand-driven companies are well aware of the importance of intellectual assets ('IAs'). Few CEOs would deny the fact that a significant portion of their company's value is derived from intellectual property, especially patents. However, IAs represent a challenge for many corporate managers seeking to realize value in a world historically tied to 'hard asset' financial measures. Not only do most operating managers lack experience in systematic management of intellectual assets, but also they lack the necessary tools — such as agreed-upon accounting methods and standardized financial reporting for such assets. Not to mention the fact that most companies also lack even the most basic information systems needed to manage how intellectual assets are created, managed, and exploited.
Who Cares About Japan?
June 28, 2007
Since 2002, when then-Prime Minister Junichiro Koizumi stated he intended to transform Japan into a 'nation that is built on the platform of intellectual properties,' the Japanese government has shifted its focus on Intellectual Property ('IP'), bringing about numerous policy changes empowering Japanese firms to actively pursue both defensive and offensive corporate strategies to further discover the inherent value of their intellectual capital. These changes included not only new laws and agencies, but also the establishment of an Intellectual Property High Court ('IPHC') that handles only IP-related cases. For the United States, this signals that Japan is determined to become more competitive in both domestic and international markets using IP.
Foreign-Made Copies of Software Do Not Infringe Patent for Software-Implemented Invention: The Supreme Court's Decision in Microsoft Corp. v. AT&T Corp.
June 28, 2007
Can a company skirt infringement of a U.S. patent for a software-enabled computer by sending a master software disk from the United States to a non-U.S. country where computers are loaded with installation disks generated from the master disk, but are not loaded with the master disk itself? In <i>Microsoft Corp. v. AT&T Corp.</i>, 550 U.S. ____, 127 S.Ct. 1746 (2007), a highly anticipated decision with potentially significant ramifications for the enforcement of software-based patents, the Supreme Court answered 'yes.'
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