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Patent Reform Is Coming, but Not From Congress
The case is all too familiar. A Texas LLC, founded just a few months ago, sues 10 ' or 20, or 30 ' defendants for patent infringement at the same time. Lay the complaints side-by-side and they are virtually identical, with perhaps only the defendant's name changed. They also contain the barest of allegations: that the plaintiff owns the patent, that one or more of the defendant's products infringe the patent and that the plaintiff has suffered damages.
Often, the connections between the patent and the products are so tenuous that defendants are left scratching their heads about how they possibly could have infringed. In other cases it's clear that the plaintiff is a nonpracticing entity, known more notoriously as a patent troll.
It's well established that the number of lawsuits filed by patent trolls in the last decade has increased dramatically, from fewer than 150 in 2001 to more than 2,900 in 2012. This increase comes at considerable expense to defendants of all stripes. But as widely reviled as this trend may be among operating companies that often find themselves as defendants in patent troll litigation, legislation that would curb this practice has made little progress. In fact, patent reform passed the House of Representatives in 2013, but appears to have stalled in the Senate, with no clear prognosis for its revival. See, “Patent Reform Group Streamlines Lobbying Efforts,” Corporate Counsel.
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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.