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Patent Reform May Not Cure a Potential for Bias Against Patentee in Inter Partes Re-examination
The use of inter partes re-examination in place of costly litigation, or in tandem with it, has become a well-accepted strategy for those seeking to invalidate a patent for which infringement allegations have been raised. Inter partes re-examination has been viewed as pro-challenger, in part because very few patents (less than 10%) emerge from the inter partes re-examination process in the same form that they entered. Rather than changing this picture, at least initially, the new post-grant challenge procedures proposed in the patent reform legislation will merely add another set of tools to the patent challenger's arsenal. This article explores a perceived bias against the patent holder in inter partes re-examination as well as the effect that patent reform legislation may have on the process.
A Powerful Tool
Inter partes re-examination is widely recognized as a powerful tool for an accused or potential infringer in combination with ongoing litigation, or as a less-expensive alternative to litigation. These re-examinations are procedurally complicated, relatively fast-paced and can place a huge burden on the patent holder to defend its patent without the presumption of validity that the patent would be entitled to in a district court.
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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.