Open Source and Patents
January 03, 2005
A patent gives its owner the right to exclude others from making, using, and selling the claimed invention. Thus, patent rights give a patentee great control over who uses his invention. In contrast, the basic idea behind distributing software under an Open Source license is that anyone should be able to view and use the source code of the computer program and modify it for his own use. (The source code is the human readable version of the software.) A business decision to distribute software under an Open Source license affects how the author of the software may be able to use his patent rights, but does not affect whether he can or should apply for patent protection.
Strengthening the Patent System
January 03, 2005
America's patent system is at a crossroads. There are many critics of the patent system; some have become increasingly vocal. Some claim the patent system is outdated. Others label it as a "threat to innovation." As fodder for their arguments, critics often tout examples of one or more patents that, in the words of one academic, are "not new, are obvious, are laughably insipid or sometimes all of the above" ("Patent Prescription: A radical cure for the ailing U.S. patent system," A. Jaffe and J. Lerner, IEEE Spectrum Online, Dec. 10, 2004).
Leasing: The Next Generation
December 30, 2004
At the launch of its annual sales meeting, a senior executive of an international company remarked that if the payment obligation had a hell or high water payment obligation, his company would try to finance it.
Constructing and Improving Space Protect Against Cost Surprises and Hidden Lease Issues
December 30, 2004
Many commercial office leases fail to identify or delineate all costs a tenant may incur in the initial build-out or subsequent alteration of its office space. Such costs, if not understood, negotiated upfront and documented in the lease agreement, will substantially reduce the actual dollars a tenant has available for its initial leasehold improvements from the landlord-provided tenant allowance and will increase the cost of alterations during the lease term. While not expressed in purely face-value economics, there are also many other issues which, if not addressed appropriately in the lease, will cost the tenant additional time and money. This article details some of these costs and issues and suggests ways to address them in your lease.
The Case of the Quiet Recall: CPSC's 2004 Civil Penalty Cases Hit 'Do-It-Yourself' Corrective Actions
December 29, 2004
In 1997, a company named Sun-It (a subsidiary of E&B Giftware) manufactured and distributed some 47,000 citronella candles known as the "Money to Burn Torch." As it happened, the wrapper surrounding the candle collected superheated melted wax. Some consumers reported to Sun-It that they had suffered serious burns when they blew on the candles or bumped into them. Others said that they had been burned when the candles unexpectedly flared. In all, over a period of 5 months, Sun-It received notice of 14 incidents in which consumers claimed to have suffered serious burns and permanent scarring after having been scalded by hot wax from the candles. Sun-It responded to these reports by stopping sale of the candles and recalling candles that remained in retail inventories. Nearly 17,000 candles, including roughly 3300 in unshipped inventory ' more than a third of the total production ' were recalled and destroyed.
Appreciation in Separate Real Property As Marital Property
December 27, 2004
The increase in value of a titled spouse's separate property is subject to equitable distribution as marital property "to the extent that such appreciation is due in part to the contributions or efforts of the other spouse." D.R.L. ' 236 (B)(1)(d)(3). The Court of Appeals has repeatedly determined that a broad interpretation be given to this exclusion so as to favor the inclusion of such appreciation as marital property: "We hold that under the Equitable Distribution Law an increase in the value of separate property of one spouse, occurring during the marriage and prior to the commencement of matrimonial proceedings, which is due in part to the indirect contributions or efforts of the other spouse as homemaker and parent, should be considered marital property.
Statistical Analysis
December 27, 2004
Complex statistical evidence -- based on huge samples, reams of academic and government studies and hours of testimony -- has been the weapon of choice in many epic battles. The list of major cases in which both sides have deployed legions of statistical experts is impressive: Bendectin, silicone breast-implants, Agent Orange and tobacco are just several of the many substances over which massive statistical battles have been waged. Currently, both sides of the debate over whether caps on non-economic damages help reduce medical malpractice insurance premiums are trading ground-shaking volleys of weapons-grade statistical analysis.
Enhancing Your Firm's Web Presence
December 27, 2004
Your law firm's Web site design has remained static for years. While it may be functional, it's not generating the traffic you originally envisioned, it's not interactive and the overall design is looking a tad dated. You may also not have anyone in-house who can devote the requisite time and effort needed to make the firm's site a productive new business and practice development 24/7/365 marketing tool. <br>Many law firms still don't understand that a poorly designed Web site can damage the firm's credibility and impair its image. So what's the solution? Seek the services of a Web-crafting firm that will not just be a vendor, but a Web partner and architectural strategist.
