When Products Liability Intersects with Malpractice Strategy
August 30, 2007
Medical device products liability litigation and medical malpractice litigation have intersected for as long as physicians have been prescribing and implanting medical devices, but that overlap continues to increase and become even more intricate as medical devices become more sophisticated and more widely utilized by physicians and the public, and as plaintiffs increasingly seek to keep their cases in state court by including local diversity-destroying defendants in suits.
Lessons Learned from Jury Duty
August 30, 2007
When my jury summons arrived in the mailbox, I decided that performing my civic duty could function as professional development for <i>this</i> legal-specific software trainer. The three previous times that I had served (one other time as foreperson), I viewed the experience with different eyes. After eight weeks of active, civil case jury duty, the time spent and lessons learned compel me to reflect on the experience and offer personal insight as it relates to law firm ethics and how a firm may benefit.
Orientation Revisited and Reinvented
August 30, 2007
Many firms have instituted elaborate machinery for their recruiting (entry-level and lateral) and orientation, but there is a long way to go toward stellar results regarding orienting, integrating, and retaining those hard-won recruits. Some of the difficulties are generational; others can be traced to the traditions of partnership culture, which often lacks openness about management and how the firm handles the business of law.
HELP! Communicating During a Crisis
August 30, 2007
With corporate scandals, terrorism and economic chaos appearing regularly in the headlines of major newspapers and on broadcast news, now more than ever it seems that American business is in need of good crisis communications. No company is immune to crisis — so no company should be without some kind of plan to communicate in the midst of that crisis. Organizations that have good plans in place will weather crises far better than those that don't — or those that believe that not communicating will insulate them in some way from the effects of the crisis.
The Law At Odds: Looking for Harmony Between 337 and the '271(g) Exception
August 30, 2007
Development Corp. owns a patent covering a process for making a chemical 'X.' Imports Inc. uses the process to make chemical X in Europe. Chemical X is then materially altered as it is converted to chemical 'Z'; then it is shipped to the United States. Can Development Corp. block importation of chemical Z? The answer might depend on what forum Development Corp. chooses.
Today's Approach to Distressed Situations: A Lessor's Guide
August 29, 2007
Back in 1985, one of us contributed to an industry publication an article titled <i>Strategies for Recovery in Lessee Bankruptcy</i>. Twenty-two years later, the landscape of bankruptcy law and the leasing industry have changed dramatically, and issues and problems faced by the equipment lessor today have much different priorities. As the equipment leasing community contemplates the landscape today, some new approaches and decision drivers face the leasing executive when his lessee files Chapter 11, or threatens to do so.
Actively Manage Patents for Better ROI
August 29, 2007
A lack of time and resources often undermines the value of small and medium enterprise ('SME') and individual inventor owned patents. By placing attention and energy on their intellectual property as they do on product development, companies can dramatically increase the value derived from their IP and greatly enhance their overall success.
Derivative Applications for Patent License Agreements
August 29, 2007
Successful patent licensing transactions provide 'win-win' outcomes for both the licensor and the licensee; that is, both negotiating parties realize a benefit under the consummated transaction. However, defining mutually agreeable terms and royalty structures can present challenges for licensors and licensees alike, particularly when the commercial potential for the patents under consideration is unproven or unknown at the time of the negotiation. The dilemma of successfully pricing early stage technology is further exacerbated when one or both of the negotiating parties are resource constrained or lack experience in the relevant market. The authors propose that the application of derivative provisions, such as those commonly found in the financial markets, to patent license agreements may mitigate licensing risk and provide attractive alternatives to those interested in altering the inherent tradeoffs of traditional licensing structures.
CSIRO v. Buffalo Tech. : A Permanent Injunction Trump Card for Patent Trolls?
August 29, 2007
The recent <i>CSIRO v. Buffalo Technology, Inc.</i> case just might have been the trump card for which a traditional patent troll was waiting so that it could finally visit the promised land of a permanent injunction. 2007 U.S. Dist. LEXIS 43832 (E.D. Tex. Jun. 15, 2007). Unfortunately for the trolls, however, the impact of this opinion will not be as far reaching and applicable to their business model as they might hope.
Keane v. Keane
August 29, 2007
The author has spent some considerable time reading and re-reading the Court of Appeals' decision in <i>Keane v. Keane</i>, 3 NY3d 115 (2006), but cannot quite get it. He realizes fully that the court's word on this is the final one ' 'for now.'
