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Firms Seek Successful Patent (Non) Litigation
For emerging technology companies, a product that produces revenues is the lifeblood and should be protected at all costs. But when it comes to patent litigation, all but the largest technology companies should avoid the mind-set that they are suing to a conclusion, as either plaintiff or defendant. The objective is to make a reasonable intellectual property deal, sooner rather than later, and focus on competition in the marketplace ' not the courtroom.
Patent litigation is a bloody battle and carries a high incidence of corporate morbidity. Litigants are frequently surprised, if not shocked, by the cost and extent of patent litigation. In Connecticut, litigation of a single patent is likely to cost in excess of $2 million and typically lasts more than 2 years. Beyond the cost and extent, patent litigation is risky.
The metes and bounds of patent rights lie in the claims. In 1996, the U.S. Supreme Court ruled that patent claim construction was a matter of law in Markman v. Westview Instruments, Inc. Implicitly, the Markman decision was an invitation for district courts to hold hearings (“Markman hearings”) to construe the meaning of claims in suit. Determinations made in Markman hearings in federal district courts throughout the United States are reviewed by a single patent appeals court, the Court of Appeals for the Federal Circuit (CAFC).
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.