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Federal Circuit Looks Back to the Future to Construe Terms
A standard plot element of time-travel science fiction is that those journeying to the past must first be sternly warned that anything they do to change the past ' stop the car before it plunges over the cliff, warn the wagon train of the bandits lurking ahead, select paper instead of plastic at the checkout line ' has unforeseeable consequences that could render the future (and hence, the present) completely unrecognizable. The idea, of course, is that what happens in the past affects the future.
Less familiar, however, is the opposite concept: Can the future reach back to affect the past? Can what will happen change what has already taken place?
Patent practitioners are now among the select few for whom such cosmic questions may have a practical application. It has long been standard practice to look to the future when prosecuting a patent application, as arguments made to the U.S. Patent and Trademark Office (USPTO) in support of an application will be carefully reviewed in future patent disputes to construe the meaning of the patent claims. Similarly, comments made in the course of prosecuting one patent application can affect the future interpretation of claim terms that also appear in related applications that are filed later.
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.