Indemnification May Add to LLP Protection
August 01, 2003
The potential consequences of indemnification and the future of LLPs.
Making Internal Communications Work
August 01, 2003
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?
Law Firm Management Beware: Seven Ancillary Business Pitfalls
August 01, 2003
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?
Confidentiality Controversy
August 01, 2003
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.
Risk Modeling, Not Patent Mining: Identifying the Best Patents for Licensing
August 01, 2003
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.
To Develop a Patent Portfolio, Get Active
August 01, 2003
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.
Vague Claim Construction Rules Lead to Reversals
August 01, 2003
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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