Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


Federal Circuit Rewrites Law on 'Advice of Counsel' Defense to Willful Infringement
The Federal Circuit Court of Appeals has just issued an opinion that changes precedent in U.S. patent law, namely, <i>Knorr-Bremse Systeme Fuer Nutzfahrzeuge GMBH v. Haldex,</i> __ F.3d __ (Fed. Cir. 2004). Previously, for a company that was accused of patent infringement, the general law was that the company had "an affirmative duty to exercise due care" to avoid infringement, including "the duty to obtain competent legal advice from counsel before initiation of any possible infringing activity." <i>Underwater Devices, Inc. v. Morrison-Knudsen Co.,</i> 717 F.2d 1380, 1389-90 (Fed. Cir. 1983). Failure to obtain such legal advice was considered a key factor in determining whether infringement is willful. A finding of willful infringement can be devastating, as it can subject a defendant to enhanced damages (up to three times actual damages) and/or the payment of the plaintiff's attorneys' fees. 35 U.S.C. &sect;&sect;284 and 285.
Buying a Bar Date from Your Prototype Vendor
Your client has an invention. He tells you he came up with the invention 18 months ago and that he hasn't offered the invention for sale and hasn't publicly disclosed it. He's meeting with you today because he has evaluated his prototype and finally decided to direct financial resources toward obtaining a patent. He asks you to prepare a patent application. Everything seems fine, right? Maybe not. A bar date might have been purchased along with the prototype.
Managing IP Value at Risk
In Part One of this article, we examined the risks to intellectual property (IP) value that would most preoccupy IP professionals, including: third-party risks for infringement liability, first-party risks to IP assets, and Directors &amp; Officers (D&amp;O) risks arising out of relevant valuation and disclosure. However, as IP specifically accounts for a higher ratio of market capitalization and shareholder value for publicly traded corporations, strategic choices relating to IP impact the firm's financial fortunes in more subtle ways, commensurate with that increased value. To cite one salient example: For IP-rich companies, tax planning is increasingly intertwined with Intellectual Asset Management (IAM) strategy.
October issue in PDF format
&#133;
Court Watch
Highlights of the latest franchising cases from around the country.
Electronic Discovery: An Overview
No longer is electronic discovery reserved for the rare case involving complex technical issues, or those involving large damage claims. In modern-day complex litigation, as well as simpler cases involving individuals, the proverbial "smoking gun" is as likely to be a deleted e-mail or electronically stored draft document as it is a "hard copy" of a document. The proliferation of computers not only in the office but in the home &mdash; and, indeed, portable computers that travel with the user &mdash; greatly increases the odds that many discoverable documents will be available, and perhaps only available, in electronic format. This article provides a general primer on the subject of electronic discovery, discussing some recurring issues in the case law, as well as issues that should be of particular interest to franchisors and franchisees.
Do Four Proposed Franchise Laws in Belgium Make EU-Wide Laws Inevitable?
The tide of franchise regulation in Europe continues to flow, as the Belgian parliament is the latest of the EU member state legislatures to consider enacting not one, but four distinct franchise laws. Does this make regulation of franchising on an EU-wide basis inevitable?
News Briefs
Highlights of the latest franchising news from around the country.
October issue in PDF format
&#133;
In The Marketplace
Highlights of the latest equipment leasing news from around the country.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
    Read More ›
  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
    Read More ›