| 06/11/2009 |
| Client Alert: Facebook Adding Personalized URLs to Its Services |
| Starting on June 13, 2009, at 12 a.m. (EDT), Facebook will allow its users to select personalized uniform resource locators ("URLs") for the Facebook service. For those Facebook users who select personalized URLs, their personal profile pages would be identified by URLs containing their selected name, for example http://www.facebook.com/selectedname. With a personalized URL, users can more easily market their Facebook presence by simply advertising the URL. Other social network sites currently ... |
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| 06/01/2009 |
| Got Patents? Great! But So Do Your Competitors... |
| Remember how it started? You had a great idea. You decided to turn your vision into a reality. You talked it up, secured investors, started your company, located the best talent you could find, and went to work. It was rough for a while, but eventually you did it. You proved your concept, got your marketing and distribution channels in order, set up for manufacturing, and took your show on the road. Along the way, you were prudent enough to apply for patent protection. Presumably, your patents will ... |
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| 05/15/2009 |
| Client Alert: Infringers Have A Duty to Disclose Post-Trial Sales |
| In an opinion rendered April 30, Judge Sue Robinson of the U.S. District Court for the District of Delaware held that an adjudicated patent infringer has a duty to disclose post-trial sales of the accused product or face punitive damages. TruePosition v. Andrew Corp., 05-747-SLR (D. Del. 2009). After having been found by a jury to have willfully infringed a patent directed to finding cell phone users, the defendant continued to supply the accused product during the post-trial briefing period without ... |
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| 03/25/2009 |
| "Phasing-in IP for Startups and Maintaining its Value," The Atlanta Lawyer, March 2009 |
| Representing a startup poses significant challenges for an attorney. Startups are big consumers of legal services, but they are strapped for cash. Every dollar counts, and every dollar wasted increases the likelihood of failure. As counsel for a startup you are faced with issues relating to corporate formation, tax, governance, employment and intellectual property (IP) just to name a few. In this article, we focus on the IP challenges ... |
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| 03/16/2009 |
| "Business Models, Value Chains and Value Propositions," IAM Magazine, March/April 2009 |
| In the dotcom boom, too many start-up internet companies raised – and subsequently blew – billions of dollars of investment without a viable business model. Many had no clear way of making money. Since the dotcom bust, there has been a renewed awareness in the viability of
companies’ business models. That was never more evident than in the fourth quarter of 2008. When the US automobile industry begged Congress for a bailout, it encountered a near-universal question. If GM, Ford and Chrysler were ... |
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| 02/04/2009 |
| "Patent Terms and Double Dipping," IP In the Life Sciences Industries 2009, IAM Magazine |
| It should be no surprise that drug profits are inextricably linked to patent protection. Likewise, it should be no surprise that drug development is very expensive. Of the millions of compounds investigated for therapeutic use in humans, only a small fraction will eventually receive regulatory
approval. Each year, only about 25 new drugs are approved for marketing. Without solid patent protection, it is difficult – perhaps impossible – for pharmaceutical and biotechnology companies to recoup their ... |
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| 02/01/2009 |
| Podcast Presentation: A Discussion of Tafas v. Dudas |
| On December 5, 2008, the United States Court of Appeals for the Federal Circuit heard arguments in Tafas v. Dudas, regarding the USPTO's "New Rules" on claims and continuation practice, which were permanently enjoined on April 1, 2008 by the United States District Court for the Eastern District of Virginia. The two central issues were presented on appeal: 1) Whether the USPTO's revised rules of practice for patent cases are within the scope of the Office's statutory rulemaking authority, ... |
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| 12/30/2008 |
| Client Alert: Federal Circuit Addresses Standard for Transferring Case Out of E.D. Texas |
| An order issued by the Federal Circuit on December 29 presages what may be easier get-out-of-Texas routes for defendants sued in the Eastern District of Texas, especially in cases where neither party to the suit has contacts with the district other than selling accused product there. In In re TS Tech USA Corp. (Misc. Dkt. No. 888, Fed. Circ. Dec. 29, 2009), the Federal Circuit granted a writ of mandamus directing E.D. Texas Judge John T. Ward to vacate an order denying accused infringer TS Tech's ... |
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| 12/11/2008 |
| Client Alert: BPAI Expands Definiteness Requirement During Patent Prosecution in Ex parte Miyazaki |
| On November 19, 2008 the Board of Patent Appeals and Interferences (Board) announced in the above captioned case that "if a claim is amenable to two or more plausible claim constructions, the USPTO is justified in requiring the applicant to more precisely define the metes and bounds of the claimed invention by holding the claim unpatentable under 35 U.S.C. § 112, second paragraph, as indefinite." Ex parte Miyazaki, slip op. at 11-12. |
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| 12/01/2008 |
| Client Alert: Synopsis of Patentable Subject Matter Issues Raised by In re Bilski |
| Can a method for hedging risks in commodities trading be patented? That is the question that was before the United States Court of Appeals for the Federal Circuit when it convened en banc to decide the matter of In Re Bilski ... |
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