Technology Transfer As A Contact Sport
May 01, 2004
Technology transfer is often characterized as a "contact sport." Technology transfer practitioners from industry, universities, and intellectual asset management professional service providers understand the importance of their personal networks and their ability to reach out ' on a personal level ' to those with whom they need to work. Moreover, technology transfer is a contact sport because the capture of the economic value of IP and the transfer of financial risk are both dependent on the negotiation skills of the individual practitioners.
Using IP Dispute Procedures to Combat Net Fraud
May 01, 2004
Internet fraud is becoming one of the most common and lucrative forms of crime in today's information-based economy. As the Internet has grown, so too have incidences of its misuse. How can intellectual property rights help fight this growing menace?
Licensing's In ... Lawyer's Out
April 30, 2004
Licensing is too important to be left to lawyers. Or so goes the current thinking at Hewlett-Packard Development, L.P., where the only thing less popular than a long-lasting inkjet cartridge is an attorney brainstorming royalty deals.
Caught on Tape: The Next Frontier In Electronic Discovery
April 29, 2004
Voice-mail has traditionally been the most personalized and candid form of communication in business. Even with the proliferation of e-mail and other electronic documents, voice mail continues to have a greater impact on juries and judges. <br>While voice mail has always been subject to discovery and investigation, the process for electronically saving voice mail and filtering through the saved messages has been spotty and very time consuming. All of this is about to change.
Selecting an e-Discovery Provider That Meets Your Needs
April 29, 2004
The potential size of today's data sets, the ease with which electronic files can be altered and the complexity of these projects in general makes selecting the right e-discovery provider a high-stakes game.
The Litigation Balancing Act
April 29, 2004
The principles of "you get what you measure" and "you cannot manage what you cannot measure" seem self-evident. And, to be sure, in most large commercial and public-sector entities, integrated performance-management systems have evolved into foundational elements that support how these organizations are run. <br>But it seems odd that one of the highest-risk and highest-exposure ' and politically and economically sensitive ' business processes has escaped proper measurement: litigation response.
The 'New Normal': SARS Liability Implications
April 27, 2004
Without disease and illness, there would be no need for life science companies or the products that they develop. Some modern maladies and ailments present more challenges than opportunities for biotech and medical device firms. Severe Acute Respiratory Syndrome (SARS) and comparable pathogens present medical device and life science manufacturers with new and daunting risks. One such peril lies in the realm of product liability.
True Lease or Secured Financing?
April 26, 2004
In the Chapter 11 context, it is common for interested parties to challenge the characterization of a Chapter 11 debtor's obligations under an agreement styled as a lease. A Bankruptcy Court's determination as to whether a transaction is a "true" lease or a secured financing can have far-reaching consequences on the administration of a debtor's Chapter 11 case and the respective rights of each party to the agreement. As the recent decision by the Third Circuit Court of Appeals in <i>Duke Energy Royal, LLC v. Pillowtex Corp. (In re Pillowtex, Inc.)</i>, 349 F.3d 711 (3d Cir. 2003) illustrates, when faced with the question of whether a transaction constitutes a "true" lease or a secured financing, bankruptcy courts will look beyond the form to the substance of the parties' agreement.
