Negotiating Cloud Computing Agreements
Cloud computing has been characterized as a paradigm-shifting phenomenon that will change how we purchase IT resources. Though given different names, cloud computing has been around for some time, and the legal lessons learned from experience with traditional software licensing and outsourcing agreements can and should be applied to cloud agreements, but there are new issues which will need new solutions.
Lengthy Crimes, Limited Coverage: Recent Case Law Follows the 'One Policy Limit' Approach
The recent decisions in <i>Madison Materials</i>, <i>PBSJ</i>, and <i>Hartman & Tyner</i> provide further support for the majority view that coverage for a multi-year crime is limited to one policy period despite successive policies in effect during the crime.
Features
Three's a Crowd?
Is there room in the legal market for a third high-end legal research service? That is the question as Bloomberg, a company known for its financial news, attempts to muscle in on the turf now occupied by Westlaw and LexisNexis. In December, it officially launched Bloomberg Law.
Web Searches As a Litigation Tool
In any lawsuit, the collection of information on a party or witness is of paramount importance. What seems to someone like innocuous information ' such as photographs of vacations and daily activities and postings to special interest Web sites ' can materially affect the outcome of a case.
IP News
Highlights of the latest intellectual property news from around the country.
Limited Pre-trial Discovery in Europe: Use Strategic Patent Prosecution to Reduce the Impact
This article explores what patent strategies should be implemented to enable infringement litigation in jurisdictions without discovery.
Features
Bit Parts
Complaint over Oral Agreement for TV-Network Work Is Dismissed<br>Rulings on Song License Termination and on Assignment Recordation<br>Suits Proceed over Use of College Athletes' Indicia
<b>Expert Witnesses:</b> Exclusion of Expert's Survey Results
The entertainment industry is awash with the exploitation of merchandise products. Experts use different methodologies to prove or disprove allegations of similarities between goods. In a trademark dispute over merchandise apparel sales, the U.S. District Court for the Southern District of New York excluded a plaintiff's expert's report that relied on a "sequential array" survey method to try to show that the defendants' merchandise created a likelihood of consumer confusion.
The Uncertainty of Patent Pleadings After Iqbal
The Supreme Court's recent Twombly and Iqbal decisions have placed in question the validity of Form 18 by reinterpreting the mandated minimal pleading standards required by Fed. R. Civ. P. 8. An additional question has arisen as to whether the protection afforded by Form 18 is equally applicable to claims of indirect infringement or infringement under the doctrine of equivalents.
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