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Features

20/20 Vision for All Lawyers' Future: The Ethical Duty to Stay Technically Competent

Stanley P. Jaskiewicz

How many practicing lawyers today (at least those over the age of 40) studied metadata and data security in law school? How many today can discuss the ethical aspects of those issues? Those skills, and more, are required to practice law, according to resolutions passed in early August by the ABA House of Delegates.

Features

Digital Music Provider Can Operate During Court Dispute

Jan Wolfe

Like most 'legit' digital music services, MediaNet has yet to make a cent in profit. In fact, MediaNet offers a fascinating example of the recording industry's struggles to adapt to the digital age.

Features

PDF Proficiency at Your Law Firm

Steven J. Best & Debbie Foster

This article hopes to shed some more light on how law firms of all sizes and complexities can make better use of this Adobe technology they probably already have.

Features

Navigating the Tricky Terrain of Remote and Self-Collections

Gavin W. Manes & Tom O'Connor

Although predictive coding has been the most prominent buzzword in e-discovery circles this year, remote collection of ESI remains a hot topic. Remote collections have been viewed by IT staff as a way to save time and money. But legal professionals remain skeptical.

Features

Expanding Your Social Network

Mark Neuberger

When used in a conscious and planned manner, social networking sites can offer a number of benefits to the firm as well as individual attorneys and staff.

Features

Court Orders Target Internet Companies In Trademark Disputes

Sheri Qualters

A proposed law to combat digital piracy stalled last year in the face of widespread public opposition, but district courts are embracing its controversial remedies against Internet companies that do business with alleged infringers in trademark cases.

Features

Using Social Media to Your Advantage in Litigation

Monica M. Moore

Social networking sites are not just for social networking. As individuals become more and more comfortable with presenting "private" information to the "public," information posted on social networking sites can provide a rich source of discovery and can be a game-changer in litigation.

Features

Litigation Support Information Governance

Alice E. Burns

The treatment of personal identifiable information (PII) is quickly becoming a critical issue and should be on litigation support's risk and information governance agenda.

Features

An Analysis of Kappos v. Hyatt

John M. Cone & Megan M. O'Laughlin

Although the Supreme Court's decision in <i>Kappos v. Hyatt</i> addressed the Patent Act specifically, the decision may have implications for cases brought in district courts to challenge decisions of the Trademark Trial and Appeal Board. The <i>Kappos</i> decision may also encourage defendants to continue pushing against the "clear and convincing evidence" standard for obviousness challenges based on prior art not considered by the PTO during examination.

Features

Marketing Tech: Seven Ways to Use LinkedIn More Effectively

Ari Kaplan

LinkedIn makes networking universally accessible since it is both practical and strategic without requiring you to be bold or outgoing.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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