Is Bill Gates Public Enemy Number One?
June 01, 2004
Unfortunately, Americans these days know that terrorists can strike us at home, and anxiety about possible attacks ' from cyber assaults to the not-so-good old-fashioned kind ' is running high. <br>Of course, most Americans' vigilance against an attack is directed overseas, but should at least some of their attention, and that of anyone in e-commerce, focus on Redmond, Washington, the headquarters of Microsoft and its helmsman, Bill Gates?
IP Due Diligence: What Does It Mean to You?
June 01, 2004
The evaluation of the assets and liabilities of a business is referred to as a due diligence review. Most commonly, these evaluations determine the value of a business for purposes of investment or the establishment of a relationship with the business. Because the value of intellectual property has increased substantially recently and patent protection in many countries has expanded to cover software and business methods, businesses without IP assets and existing or potential IP-related liabilities are rare. With the consistent increase in damages for IP infringement and the possibility of business-crippling injunctions, it is likely that any business will be subject to, or will itself conduct, an IP due diligence.
In The Marketplace
June 01, 2004
Highlights of the latest equipment leasing news from around the country.
Re-examination: The Tail that Wags the Dog
May 01, 2004
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.
Case Notes
May 01, 2004
Highlights of the latest Product Liability cases from around the country.
Rule 68: The Often-Overlooked Defense Tool
May 01, 2004
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
May 01, 2004
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.
Practice Tip: Electronic Filing ' Embrace It Soon
May 01, 2004
In 2002, the federal district courts began to accept electronic filings. Now, at least one court is making electronic filing mandatory. By May 1, 2004, attorneys practicing in the Western District of Washington must register for electronic service of documents and by June 1, 2004, electronic filing will be mandatory. The Western District of Washington is ahead of the curve, in part, due to its responsibility for the multidistrict litigation ("MDL") regarding phenylpropanolamine ("PPA"), motivating the court to find ways to become more efficient and provide better access to dockets and filings. Other courts are sure to follow, and it is well worth a few minutes of your time to become familiar with the system.
Strategic Licensing Leveraging Technology Through Alliances
May 01, 2004
It takes more than great technology to make a successful product. In an era marked by short product cycles, technical interdependence of products, fluid industry standards and globalization of markets, few companies can field all the resources needed to exploit the full potential of a new invention before it becomes obsolete. Strategic alliances have become the preferred way for emerging technology companies to assemble these resources and to close the gap between promising prototype and popular product. <br>Intellectual property licensing is at the heart of most technology-based alliances. This article discusses the key legal and conceptual tools available in the licensing context, and how they can be used in an alliance to amplify the value of a new technology.
