Features
How the New Patent Act Will Affect the Way Counsel Practice and Advise Their Clients
The America Invents Act, passed by Congress on Sept. 9, 2011, and signed into law on Sept. 16, 2011, imposes sweeping changes to U.S. patent law. This article focuses on how the new patent laws will require patent practitioners to change the way they practice and advise their clients.
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Myriad Genetics
On July 29, 2011, the Federal Circuit handed down its decision in <i>Ass'n for Molecular Pathology et al. v. U.S.P.T.O.</i>, (often referred to as the "<i>Myriad Genetics</i> gene patent" case). The divided panel's three opinions reveal areas of broad agreement and notable disagreement about patent eligibility under 35 U.S.C. ' 101 of several categories of patent claims of interest to life sciences industries.
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Supreme Court: 'Willful Blindness' Supports a Judgment of Induced Infringement
In <i>Global-Tech Appliances, Inc. v. SEB S.A.</i>, the Supreme Court held that "willful blindness" may satisfy the knowledge element required for a finding of induced infringement. In so doing, the Court rejected the prior "deliberate indifference" standard articulated by the Federal Circuit.
Features
Youth Protection and Social Media: Don't Talk ' Or Else!
If you are confused about how to create a social media policy, for communication that involves any group that requires some protection, you are not alone.
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Internet Service Providers Found Immune over Posted Comments in NY
The NY court's decision will be cited in CDA cases across the country and is likely to limit, but not eliminate, future litigation against ISPs, as future cases are likely to focus on the extent to which an ISP can be considered a "content provider.
Features
CRM Success: Small Steps Now, Big Payoff Later
Client relationship management (CRM) has an uneven record of success in the legal field. In the past, many CRM systems served as glorified contact databases that were rarely updated and even less frequently used for any meaningful purpose. As newer solutions have emerged, legal CRM has begun its slow rise to what it is today within many firms ' a key technological element of a client-centered operational strategy.
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e-Discovery Technology for the $100,000 (or Less) Case
One of the main trends mentioned by many at LegalTech NY was e-discovery technology solutions for smaller cases. Historically, e-discovery technology tools have been geared toward the largest of cases from a document and data volume standpoint. Cases with smaller volumes (and often, less dollars at stake), however, have the same needs for efficiencies in the e-discovery process. Fortunately, there are several solutions that benefit these smaller cases.
Features
<b><i>Online Exclusive</b></i>Second Circuit Shelves Freelancers' Pact With Publishers and Databases
A federal appellate court has thrown out a class action settlement between freelance writers and online publishers and databases that archived the writers' work without pay, saying that the pact approved by the lower court did not represent the interests of all class members.
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<B><I>BREAKING NEWS:</b></i> <b>HP Acquires Autonomy for $10B
Hewlett-Packard made its most aggressive move yet to transform itself into a modern business provider by acquiring e-discovery and document management giant Autonomy for $10.3 billion.
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Keyword Advertising and Trademark Infringement Update
This article reviews keyword advertising generally and discusses recent developments in keyword litigation.
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MOST POPULAR STORIES
- 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 ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- 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 ›