Yahoo Builds New IP Licensing Model
July 31, 2006
When Joseph Siino came on board as Yahoo Inc.'s first Vice President of Intellectual Property, the company needed to keep up with Google and Microsoft in transforming from Internet portal to global digital media company. It needed to use its technology patents to generate and distribute media content from its site.
Is Internet Gambling Running Out of Luck?
July 31, 2006
Internet gambling is illegal when the activity occurs in a state that outlaws gambling. Today, federal prosecutors rely upon various statutes enacted before the widespread use of the Internet.
Lawyer-Bloggers: Fact or Fiction?
July 31, 2006
These days, it seems like everyone has a blog. You can start one with almost no overhead, and the online publishing possibilities seem endless ' and yet most lawyers still don't blog.
Web Posts Versus the First Amendment
July 31, 2006
The filing of a defamation lawsuit against the owner and operator of an Internet forum is raising questions about First Amendment rights versus the right to privacy.<br>Pittsburgh attorney Todd Hollis filed a lawsuit in Pennsylvania state court, alleging his reputation is being harmed by comments posted by purported ex-girlfriends on the Web site dontdatehimgirl.com.
Thompson Memorandum on Fees Found Unconstitutional
July 31, 2006
Strong words: KPMG refused to pay its employees' legal fees because prosecutors held a 'gun to its head,' and the government thus 'violated the Constitution it is sworn to defend.' This statement from U.S District Judge Lewis A. Kaplan in the KPMG tax shelter case has shaken the foundations of corporate prosecutorial policy. <i>United States v. Stein et al.</i>, 2006 WL 1735260, (S.D.N.Y. June 26, 2006).
Efficient Training on Specific IP Issues
July 31, 2006
An excellent time to provide training to a client organization is when the client asks for guidance on IP strategy. In many cases, a client develops an IP strategy due to the desire to approach a specific business need in a planned and proactive manner. This specific business need can be, for example, a new invention, a new competitor, or a new development with another company.
Buyer Beware: When 'All Rights' Doesn't Mean What You Think
July 31, 2006
When drafting an assignment or litigating a case for a client who owns a patent by way of an assignment, many lawyers assume that an assignment giving the assignee 'all rights, title, and interest' allows the client to completely step into the shoes of the assignor. A patent assignment that purports to convey 'all rights' of the assignor, however, does not convey the right to sue for past infringement without an express provision granting the assignee this right.
Small Entity Status: Potential Pitfalls and Curative Measures
July 31, 2006
In 1980, Congress amended the patent code to require patent owners to pay periodic maintenance fees in order to keep their patents in force. In response to concerns about the financial impact on individual inventors and small businesses, a 'small entity' category was added to the law to permit certain individuals, nonprofit organizations, and small businesses to pay half of most normal U.S. Patent and Trademark Office ('PTO') fees.
New Kinds of e-Commerce
July 31, 2006
As more people live in the virtual world ' sometimes also called the digital or synthetic world ' in one of the many so-called massively multiplayer online role-playing games (MMPORGs) available online, the potential for monetary abuse and malfeasance grows.
