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By a slim 17-vote margin, the American Bar Association's House of Delegates during the association's annual meeting changed model rules governing the attorney-client privilege in the hopes of combating corporate fraud.
The potential consequences of indemnification and the future of LLPs.
When a client asks two different people in your firm the same question ' and is given two different and conflicting answers, then you might get the idea that maybe the concept of internal communications is more than just a management clichZ. When an instruction from the managing partner is completely diluted as it goes down the line, then how can we dismiss internal communication as inconsequential? Why is it so often taken for granted? Why does internal communication rarely work to anybody's satisfaction?
Some law firms create unique, successful ancillary business models that not only boost the bonus pool, but also attract related legal business. Other firms make assumptions about market need, create management teams around partner free time, and generate little or no revenue. How will your firm find a successful model that fits the your own firm culture?
Highlights of the latest patent news and cases from across the country.
Patent value increases when positive cash flow can be attributed directly to it. Ideal patents for licensing are those already being used (or, perhaps, abused) by others. Unfortunately, identifying unauthorized patent use can be like finding a needle in the proverbial haystack. Random patent mining by bibliometric methods is an extremely inefficient method of identifying licensing candidates — but many patent owners continue to use such methods out of habit.
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You've conveyed the importance of developing a patent portfolio within your company, hired an IP manager, initiated an inventor incentive program, and budgeted for the costs of protecting your company's IP. Now, you are beginning to wonder where all the inventions are.
Why can't federal trial judges figure out what patents mean? As it held en banc in <i>Cybor Corp. v. FAS Technologies, Inc.</i>, 138 F3d 1448 (Fed. Cir. 1998), district court rulings on claim construction —interpretations of the meaning of patent claims — are reviewed de novo as questions of law by the U.S. Court of Appeals for the Federal Circuit. A recent study concluded that more than 40% of all claim construction rulings reviewed by the Federal Circuit in 2001 were reversed in whole or part. Andrew T. Zidel, "Patent Claim Construction in the Trial Courts: A Study Showing the Need for Clear Guidance from the Federal Circuit," 33 Seton Hall L. Rev. 711 (2003).
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According to the statistics released by the USPTO (available online at <i>www.uspto.gov/web/offices/ac/ido/oeip/taf/reports.htm)</i>, approximately 326,508 utility patent applications were filed in 2001 in the United States and 166,045 utility patents were granted. The cost associated with the preparation and prosecution of patent applications last year was a multi-billion dollar business. In this era of cost controls, it is rare to find a patent prosecution department that is not subject to budgetary constraints. In-house patent counsel, as the gatekeepers for prosecution, need to select and work with outside patent counsel to maximize the return on their patent prosecution investment.