The RED ZONE - Selecting Outside Firms
June 01, 2007
SELECTION - This is the fourth and final criterion a law firm team needs to identify when pursuing a client. Just what concerns and experiences will be influencing final selection? If you have mastered the other 3 Red Zone components, HIDDEN DECISION MAKING, RELATIONSHIPS AND RETENTION, and PERSONAL CONSIDERATIONS, let's explore SELECTION.
The RED ZONE - Selecting Outside Firms
June 01, 2007
SELECTION - This is the fourth and final criterion a law firm team needs to identify when pursuing a client. Just what concerns and experiences will be influencing final selection? If you have mastered the other 3 Red Zone components, HIDDEN DECISION MAKING, RELATIONSHIPS AND RETENTION, and PERSONAL CONSIDERATIONS, let's explore SELECTION.
IP News
May 31, 2007
Highlights of the latest intellectual property news and cases from around the country.
Second Circuit Limits Famous Foreign Trademark Protection Without Domestic Use
May 31, 2007
The Second Circuit recently ruled that, in the absence of specific Congressional legislation, owners of famous foreign trademarks must show use within the United States to avail themselves of the protections offered by American federal law. The Court of Appeals also certified questions to the district court as to whether New York common law protects a famous foreign trademark that only has been used in a foreign country. The case is an instructive overview of the law of trademark abandonment and the famous marks doctrine.
Expanding Jurisdiction over Patent Challenges: Federal Circuit Continues Trend
May 31, 2007
Continuing the recent trend of court decisions expanding jurisdiction over declaratory judgment challenges to patents, the Court of Appeals for the Federal Circuit (the 'Federal Circuit' or the 'court') opened the door to increased challenges to drug patents in <i>Teva Pharms. USA Inc. v. Novartis Pharms. Corp.</i>, 482 F.3d 1330 (Fed. Cir. 2007). The Federal Circuit ruled that a generic drug company could, under the appropriate circumstances, pre-emptively seek a declaratory judgment that certain drug patents listed in the FDA's Orange Book are invalid or not infringed. Generic drug companies thus can have a court resolve patent infringement issues before undertaking the expense of launching a generic drug under the threat of patent litigation and any resulting injunction or treble damages for willful infringement. The <i>Teva</i> decision is expected to increase declaratory judgment challenges by generic drug companies and help speed generic drugs to market when those challenges are successful.
TTAB Disregards Subjective Intent Element
May 31, 2007
Continuing a recent trend of toughening its position on fraud, the Trademark Trial and Appeal Board ('TTAB') has cancelled yet another registration because the registrant had failed to use the mark on every good for which it was registered. <i>Hachette Filipacchi Presse v. Elle Belle, LLC,</i> Cancellation No. 92042991 (T.T.A.B. April 9, 2007). This case is the second precedential decision this year in which the TTAB has cancelled a registration as fraudulently obtained because of overly broad claims regarding use of the mark. <i>See also Hurley Int'l LLC v. Volta,</i> 82 U.S.P.Q.2d 1339 (T.T.A.B. 2007).
Movers & Shakers
May 31, 2007
News about lawyers and law firms in the insurance industry.
Case Briefs
May 31, 2007
Highlights of the latest insurance cases from around the country.
Post-Confirmation Settlement Agreements: The Implications on Insurance Proceeds
May 31, 2007
It is a common enough scenario ' a company purchases a directors and officers liability policy (a 'D&O Policy') ' to protect against any claims that may be brought against its directors and officers. The D&O Policy also may contain what is termed 'entity coverage' meaning that the policy may cover claims made both against the directors and officers, as well as the company itself. While the D&O Policy may be relatively straightforward in providing for the rights and obligations of the respective parties, if the company files for bankruptcy a whole host of issues arise. In this scenario, the laws governing bankruptcy and insurance may collide and, in some instances, are not easily reconcilable.
Liability for Measures to Prevent Further Harm
May 31, 2007
General liability policies are frequently ' and incorrectly ' described as covering 'bodily injury' and 'property damage.' More accurately, the policies promise to 'pay those sums that the insured becomes legally obligated to pay as damages because of 'bodily injury' or 'property damage' to which this insurance applies.' ISO CG 0001 12 04 (2003) ('CGL'), at 1.
