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Vague Claim Construction Rules Lead to Reversals
Why can't federal trial judges figure out what patents mean? As it held en banc in Cybor Corp. v. FAS Technologies, Inc., 138 F3d 1448 (Fed. Cir. 1998), district court rulings on claim construction ' interpretations of the meaning of patent claims ' are reviewed de novo as questions of law by the U.S. Court of Appeals for the Federal Circuit. A recent study concluded that more than 40% of all claim construction rulings reviewed by the Federal Circuit in 2001 were reversed in whole or part. Andrew T. Zidel, “Patent Claim Construction in the Trial Courts: A Study Showing the Need for Clear Guidance from the Federal Circuit,” 33 Seton Hall L. Rev. 711 (2003). While other studies have reported lower numbers, this percentage is in line with a survey cited in Judge Rader's dissenting opinion in Cybor. Judge Randall R. Rader wrote then that a “reversal rate, hovering near 50%, is the worst possible. Even a rate that was much higher would provide greater certainty.”
Claim construction isn't easy ' particularly for a non-scientist ' and trial judges will never accumulate the patent law experience of judges on the Federal Circuit. Beyond these issues, however, are the Federal Circuit's rules of claim construction too confusing? Does the Federal Circuit tinker too much with lower court rulings, like a senior lawyer who rewrites everything he receives from an associate?
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.