Are Major Changes in Store for the U.S. Patent System? A Summary of the Pending Patent Legislation
January 05, 2006
In April, the House Subcommittee on Courts, the Internet, and Intellectual Property released draft patent reform legislation known as the "Patent Reform Act of 2005, HR2795." This legislation proposes significant changes to the U.S. patent system that, if adopted, would in many respects transform the U.S. system and make it more akin to foreign patent systems. Calls for patent reform have been bandied about for a number of years, but recent criticisms of the U.S. Patent Office and the perception that it issues too many questionable patents appear to be driving the latest proposed reforms. It is worth noting, however, that a number of commentators have suggested it is not the present statutory scheme but instead the lack of adequate funding that is the main culprit behind the increase in the issuance of poor quality patents.
If You're Confused, You Should Be: Two Federal Laws Apply to Cell Phone Messages
January 04, 2006
When it comes to sending promotional messages to wireless devices, such as through e-mail or short message service ("SMS"), there is more than one reason to be confused. First, there are two different federal laws that apply to messages that end up on wireless devices such as cell phones. The Controlling the Assault of Non-Solicited Pornography and Market Act (the "CAN-SPAM Act"), 15 U.S.C. §7701 <i>et seq.</i> and 18 U.S.C. §1037, applies if the address that is used to send the message consists of a username and a domain name. (Commonly, if the wireless device is a cell phone, the username would be the number of the cell phone and the domain name would be the domain name of the wireless carrier. If the wireless device is of some other type, the address may be formulated differently.) The applicable rule is: If the address has a domain name in it, the CAN-SPAM Act's wireless e-mail regulations apply.
Infringement By Source Code 'Golden Master': Developments in Patent Infringement Law Concerning Extra-U.S. Sales
January 04, 2006
Until recently, U.S. software companies comfortably operated under the assumption that selling software that was copied from a "golden master" CD outside of the United States, and which was sold only to customers outside of the United States, did not infringe U.S. patents. Recent developments in the law have destroyed that comfort and made clear that infringement liability may very well lie for exactly those types of foreign sales.
NEWS BRIEFS
January 04, 2006
Highlights of the latest franchising news from around the country.
Deadlines On Demand Simplifies Calendaring Juggling Act
January 03, 2006
Practicing law has never been a problem for me or for the other attorneys at my firm; we're very confident of our skills as lawyers and our ability to properly serve clients. But keeping up with the administrative details of creating a solid, reliable calendaring system had become particularly labor intensive in our rapidly growing practice.
<b>Practice Tip:</b> Taking Conceptual Search to the Next Level
January 03, 2006
Conceptual search is widely regarded as a technological Rosetta stone enabling faster, more comprehensive, and more revealing evidence review, but its use in the legal community to date has been limited primarily to a handful of outsourced electronic discovery services. At Foley & Lardner LLP, we realized early on that we could take full advantage of this advanced search technology only by bringing it in-house.
Internet Ticket Sales
January 03, 2006
e-Businesses, by forming networks of season ticket holders and entering into contracts with entertainment venues, provide Internet customers with entry passes for concerts, sports and other spectator events. <br>Generally, Internet ticket providers are in the business of buying and selling tickets to such events above the face value of the ticket. Some people have equated such Internet ticket providers with ticket scalpers, and claim that they are acting unlawfully. In particular, some state anti-scalping laws have been applied to Internet ticketing transactions, resulting in criminal and civil sanctions. But the application of proper Internet notices and appropriate Web site access limitations may render such state anti-scalping laws moot.
Internet Mom Strikes Back
January 03, 2006
Patricia Santangelo, a 43-year old divorced mother of five says she has never downloaded a single song on her computer, but the recording industry didn't see it that way. Santangelo, from Wappingers Falls, NY, was surprised to find out that she was the Defendant in a suit filed by the Recording Industry Association of America (RIAA) ' one of those now about 16,000 that we keep noting as the RIAA sues a new batch of alleged file sharers each month.
