Re-examination: The Tail that Wags the Dog
IP litigators appear to have blinders on when it comes to patent re-examination. All eyes are focused on winning the big event, the courtroom victory. To have the verdict upheld on appeal garners the ultimate win. While chasing the big dog of litigation, parties may be overlooking the power that can be wielded by the U.S. Patent and Trademark Office ("USPTO") in a re-examination proceeding.
A Practical Guide to Arbitrating IP Disputes
Ample legal authority upholds the right of intellectual property owners to arbitrate their differences. (See part one of this article published in April 2004.) Indeed, arbitration providers, such as WIPO and the AAA, report an increased caseload for intellectual property disputes. What should counsel and parties consider in choosing arbitration as a means of settling their intellectual property disputes? What are the considerations for drafting arbitration agreements?
IP News
Highlights of the latest intellectual property news and cases from around the country.
Advanced Professional Education for Law Firm Managers
A Chinese proverb states: "Learning is a treasure that will follow its owner everywhere." This proverb clearly applies to law firm administrators, due to the ever-increasing complexity of law practice management and the competitive pressures facing today's firms. Experienced and well-educated professional managers are being sought out in increasing numbers by firms of all sizes to assume responsibility for the administrative management of the enterprise. The field of legal administration has therefore continued to grow and evolve, as evidenced by the 9500-member Association of Legal Administrators. <br>Fortunately, there are a number of higher learning opportunities for legal professionals, and this article explores three of them.
Ranking Law Firms by Economic Performance: Divergent Views
In the decades since <i>Fortune</i> magazine's landmark ranking of the nation's wealthiest corporations (during the Great Depression, of all times), the passion for ranking in our business and general cultures has grown to what can well be described as an obsession. Almost 20 years ago, law firms were finally drawn into economic ranking ' or rather, reportedly, were dragged into it kicking and screaming ' by the AmLaw listings, published by American Lawyer Media, the parent corporation of this newsletter. <br><i>A&FP</i> readers should be able to guide their firms in how to contribute and use ranking data fairly and wisely. To that end, the following article excerpts and <i>A&FP</i> author commentaries assess the challenges of law firm ranking.
Case Notes
Highlights of the latest Product Liability cases from around the country.
Rule 68: The Often-Overlooked Defense Tool
The often-overlooked offer of judgment rule — Federal Rule of Civil Procedure (FRCP) 68 — may be a valuable tool for defendants if carefully employed. An offer of judgment's primary benefit is its obvious risk-shifting effect. Rule 68 forces plaintiffs, particularly small plaintiffs, to proceed cautiously in the face of mounting costs and uncertainty.
Effective Use of Experts: The Rules of Engagement
Expert testimony 'can be both powerful and quite misleading' because of a jury's difficulty in evaluating such evidence. — <i>Daubert v. Merrell Dow Pharm., Inc.,</i> 509 U.S. 579, 595 (1993). Expert testimony is an integral part of products liability litigation. As the excerpt above articulates, expert testimony is powerful and its importance should not be underestimated or trivialized. Selecting an expert who can simplify the issues for the fact-finder, yet maintain his or her composure under cross-examination, is a difficult and time-consuming process. In short, because your expert's credibility is critical to the success of your case, you need to understand the rules of engagement at the outset.
