Determinants of Patent Value in U.S. Litigation
February 27, 2007
Although patent enforcement efforts have been historically dominated by the technology-elite, few businesses of the future will be exempt from the impact of patent infringement litigation. Indeed, data published by the USPTO and the federal judiciary reveal that the number of patent applications filed annually and the number of patent infringement litigations initiated annually have both more than doubled since 1990. Simply stated, business leaders of the future are increasingly likely to encounter one of two situations:1) The firm believes others are infringing its patents; or 2) Others accuse the firm of infringing their patents.
Intangible Asset Finance: Investing in Effectiveness
February 27, 2007
Nanotechnology financiers were biting their nails this past October as market forces were engaged by regulatory forces. In the same week, the U.S. Food and Drug Administration ('FDA') held its first full public meeting on nanotechnology safety and environmental risk, and the Environmental Protection Agency ('EPA') placed a Notice of Rulemaking regarding nanotech product commercial release requirements in the Congressional Record. Investors see only risk — each of the two agencies has the power to shut down the evolving nanotechnology industry.
Toward a Freer Community: Highlights of the Proposed GPL 3
February 27, 2007
Most software licenses forbid transfer and modification of the licensed software. The General Public License ('GPL') is designed to ensure exactly the opposite — the freedom to modify and share software. According to the Free Software Foundation, the drafters of the GPL, all programs that are distributed under the GPL should be available to recipients to modify and distribute again. And any attempt to deny that freedom should be met with consequences, namely the loss of license rights under the GPL.
Net News
February 27, 2007
Music Industry Trade Group Targets Colleges<br>Judge Says MySpace not Liable for Alleged Sexual Assault on Girl
Inside Blogging
February 27, 2007
Although online blogging has gone mainstream in some professions, there's one group of people mostly absent from the blogosphere: the in-house bar. That said, a few in-house blogs do exist, and their numbers are growing steadily.
Music Publisher Concerns over Viral-Video Sites
February 27, 2007
The Internet has presented numerous challenges to the music industry. Unlicensed digital downloading has been at the top of the list for several years. More recently, the use of music on viral-video Web sites has produced a new set of challenges. Three of the four major record labels have struck content deals with mega-viral-video site YouTube, as have two of the three major TV networks. But music publishers haven't been involved in significant direct viral-video-site negotiations.
Use of Incorporation By Reference in Patents: A Shortcut Tool and Possible Consequences
February 27, 2007
In drafting a U.S. patent application, the patent applicant may refer to a prior publication to aid in describing the background or some other facet of his or her invention. The applicant may incorporate this prior public information expressly into the specification of his or her application, or as a shortcut may incorporate this information by explicit reference. This seemingly innocuous shortcut may be a useful tool for the patent applicant or patentee; however, patent infringement litigants — whether plaintiff or defendant — should be keenly aware not to overlook subject matter that has been incorporated by reference either in the patent at issue or in relevant prior art when validity of the patent is challenged.
e-Lawyering Is Not for the Faint-Hearted
February 27, 2007
Today, the pervasive role that technology has assumed in business and legal practice, as more and more of our daily lives are lived online, provides a more fundamental challenge to how attorneys practice business law. In an age when 'paper file' has become an anachronism and an oxymoron, business law and the way it is practiced have required more than just tinkering with particular rules.
Making Rain
February 27, 2007
In today's complex law firm business environment, one might ask, what is Mark or Mary's magic? How do they bring in so much business? How do they make those deals happen? To ensure the long-term 'harvest, life, health and abundance' for the firm, one must ask whether the magic of rainmaking can be developed in new associates, seasoned lawyers or law firm executives.
<b>Practice Building Skills</b>: If You Fail to Plan, Then You Plan to Fail
February 27, 2007
Achieving success in your business development efforts takes a great deal of goal setting and planning. Would you begin working on a matter without planning for the outcome you would like to achieve? When you think about the successes in your life, did they mostly occur by accident, or did you plan and work hard toward a goal? Our guess would be that most of the successes in your life came to you through your hard work and planning, and sometimes even with some sacrifices. Successful business development occurs in much the same way.
