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What's the Hurry? Fallout After KSR
Every U.S. Supreme Court decision affecting intellectual property involves intellectual property attorneys from that moment forward, and all of the pending patent applications that those attorneys are prosecuting. How those attorneys react to the pronouncement of law makes the difference.
As a Supreme Court decision is analyzed by professors, commentators, and even newsroom reporters in the weeks and months following the date of the decision, patent attorneys are 'living the moment' by responding to Patent Office rejections, perhaps using time-tested words and phrases that do not apply anymore.
Since April 30, the date of the KSR v. Teleflex decision, much has been made about the abolishment of the Teaching-Suggestion-Motivation ('TSM') test. Certainly TSM remains a factor, but who could not have seen that abolishment coming? There were certainly two realities at work: 1) the Court of Appeals for the Federal Circuit ('CAFC') started backpedaling from that rigidity as soon as the Supreme Court granted the Writ of Certiorari, and 2) the Supreme Court has consistently in all areas of the law used the 'I know it when I see it' standard.
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.