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- Is The Cure Worse Than The Disease? An Overview Of Patent Reform Act Of 2005
- On June 8, 2005, Representative Lamar Smith, Chairman of the House Subcommittee on Courts, the Internet, and Intellectual Property, along with several co-sponsors, introduced H.R. 2795. Popularly known as the "Patent Reform Act of 20051," the Patent Reform Act is an omnibus bill which overhauls multiple aspects of patent practice....
- White papers 2005-09-06
- Clarifying The Clear: The Role Of Common Understandings In U.S. Patent Claim Interpretation
- A central question in every patent case is the meaning of the words used in the patent claims both to compare the invention with prior art and to determine infringement. In order to resolve these questions, the court must properly construe the claims, specifically the words and phrases of the...
- White papers 2005-02-25
- Licensing Strategies After Medimmune: The Potential Impacts Of The Supreme Court Allowing Licensees
- In MedImmune, the Supreme Court continues to assert its authority in patent law by allowing patent licensees to file declaratory judgments of patent invalidity and unenforceability against the licensors, even though the licensee is still paying royalties under a license. MedImmune may also indicate the Supreme Court's direction in future...
- White papers 2007-01-09
- "Other Transactions" With Uncle Sam: A Solution to the High-Tech Government
- There are significant differences in the ways that government, especially the Department of Defense, and the private sector acquire and use intellectual property. At the same time, because the "Traditional" Department of Defense contractor sector is shrinking, the Department of Defense is increasingly required to bargain with private industry on...
- White papers 2002-05-26
- "Like Toddlers in Big Surf": Can the Government Control the Effects of Federal Trademark Liability?
- Trade secrets have inherent limitations and disadvantages in the field of public contracting. First, in order to control the trade secret, a cumbersome system of markings has been developed and is necessary for the preservation of the intellectual property. Further, in order to maintain these markings, contractors need to comply...
- White papers 2003-11-16
- Alternative Dispute Resolution: Choosing Between Arbitration and Mediation
- There exists an enormous amount of literature dealing with both arbitration and mediation, and it is obviously not possible to cover all points in a few paragraphs. It is, however, possible to alert businessman and lawyers representing them to the fact that alternative dispute resolution, particularly if it is entered...
- White papers 2006-04-03
- Practical Strategies to Develop an IP Portfolio and Avoid Mistakes Pertaining to IP for High-Tech Startup and Small Technology Companies1
- For many startup and small technology companies, especially in the high tech sector, one of the most important assets associated with them is their Intellectual Property IP. An IP portfolio can be one of the important aspects of a company's ability to attract investment dollars and allow the business to...
- White papers 2005-06-04
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