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Preissuance Submission Strategies for Patent Prosecution and Litigation
Under the Leahy-Smith America Invents Act, several new mechanisms allow third parties to challenge patent applications and patents. Among these is a new preissuance submission procedure by which members of the general public may submit prior art believed to be relevant to a pending patent application.
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iPad Best Practice Tips for Legal Professionals
For legal professionals, the only real choice remains Apple's iPad. The wide selection of legal-specific apps for the iPad cannot be matched by competing Android tablets. Whether intended or not, Apple is winning that market. However, with success comes responsibility, and when it comes to lawyers, accountability, security and saving time is extremely important when serving clients. Here are my "best-practice" recommendations and tips to make the most effective and safest use of iPads for lawyers.
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The Maturing Nature of e-Intellectual Property Legal Services
As the Internet matures, so does the nature of intellectual property legal services required by Internet users. Initially, IP legal services were primarily in demand to facilitate Internet startups. Today, requests for enforcement of Internet IP rights appears to be overtaking calls for legal services related to licensing Internet IP.
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Protecting Weak Online Trademarks
Creating a brand name that is trademark-worthy and can be defended in the market requires a thoughtful strategy. The standards of the USPTO for trademark registration are nuanced, and the wrong choice of words can make it challenging to obtain a defensible registered mark.
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Using Bring-Your-Own-Device Technology Securely
Bring-Your-Own-Device (BYOD) programs, which allow employees to use their personally owned smartphones, tablets and laptops in and out of the work environment, are significantly changing information technology (IT). Law firms around the country are embracing BYOD as it lets executives and employees use the mobile devices, service providers and operating platforms of their choice.
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e-Sales Doing Well
Perhaps fueled in part by consumer confidence exhibited in an increase in auto sales, lower gasoline prices, and an apparently recovering construction sector, retail e-commerce rode a rising wave in the Third Quarter, up an estimated 3.7% from the second quarter and 17.3% from the third quarter of 2011, the government revealed last month.
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Less Is More in Database Discovery
If corporate counsel has good lines of communication and support from internal information technology and/or e-discovery personnel, they likely will not need to maintain an in-depth understanding of specific databases and applications. Counsel should, however, understand several key database principles that can affect the discovery process.
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Online Holiday Shopping Hits New High
On Nov. 23, this year's Black Friday, online retail sales tipped over the $1 billion spending brim for the first time, with consumers picking up holiday bargains topping out at $1.042 billion on the Internet, according to comScore, a digital-activity measurement company.
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Social and Mobile Media Games Creation Raise Sensitive Legal Issues for Developers
The social and mobile game industry is experiencing rapid growth as thousands of gaming companies and developers make their games available on iTunes, Facebook and other platforms in the hope of launching the next <i>FarmVille</i> or <i>Angry Birds</i>. The popularity of social and mobile games is expected to expand as sales of tablet computers and smartphones rise. In this competitive landscape, it is not uncommon to find new games that are similar to established popular games, even bearing similar names and features.
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BYOD: The Illusion of Cost-Savings
The BYOD movement sprang up from employees' desire to have and use their own choice of a smartphone and to be able to better mix their business and work lives. Yet, this modern-day nod to the 19th Century company town has its dark sides.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
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- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›