Patent Law

Is Your Settlement Agreement Durable? Leaving Terms Open for Future Agreement

Posted on July 03, 2009
Though the recent Ninth Circuit opinion of Nutraceuticals v. Mucos Pharma (.pdf) is notable for setting the standard for preliminary injunctive product recall relief in a trademark infringement action, IP ADR's interest is stimulated by the settlement agreement that purportedly resolved the parties' dispute but failed to head-off this expensive and protracted litigation (after the preliminary injuncitve relief hearings; the appeal; and, the return of the case to the trial court, what further litigation damage do the parties have the stomach and budget to sustain?)  With apologies to Strunk & White & my 8th grade English teacher who first assigned The Elements of Style for the hopelessly run-on sentence above...

Oh Canada! Will It Abandon Attempt to "Losso a Locomotive with Cobwebs"?

Posted on July 03, 2009
(image from the Digital Standards Organization) Thanks to Law is Cool (An Extraordinary About Face on Copyright Reform) we learn that Canadian Ministers Finally Embrace Canada's Digital Future.  Below, an excerpt from the LawBytes column of TheStar...

One Day You're a 140-Character Text Box and the Next Day You're a Defendant

Posted on July 03, 2009
This Time, Tony La Russa Settles With Twitter for Real St. Louis Cardinals manager Tony La Russa has officially dismissed his lawsuit over a fake profile on Twitter as part of a settlement in which the social media website did not have to pay him anything...

Oh Canada! Will It Abandon Attempt to "Lasso a Locomotive with Cobwebs"?

Posted on July 03, 2009
(image from the Digital Standards Organization) Thanks to Law is Cool (An Extraordinary About Face on Copyright Reform) we learn that Canadian Ministers Finally Embrace Canada's Digital Future.  Below, an excerpt from the LawBytes column of TheStar...

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Tactics of the Adept Practitioner in Modern IP Mediation

Posted on June 28, 2009
I'm sharing today a power point presentation that was the basis of an ALI-ABA IP Mediation seminar conducted by me and David Donoghue of Holland + Knight.  The course outline with bios is here.  The course itself can be found here.  This presentation is modified from one I presented with the Hon...

Texas Jury Buys Tivo's Bull?

Posted on June 26, 2009
IP Trial Strategy: Buying Tivo's Bull Zusha Elinson The Recorder June 26, 2009 getNumber('1202431771710')   As the make-or-break patent trial between Tivo Inc. and EchoStar Corp. got under way in Marshall, Texas, Tivo's top brass had an idea: Let's buy a cow...

Make Progress, Not War: IP in the 21st Century

Posted on June 26, 2009
What can be done to . . . . to stop the international 'IP war'? Read the full-on analysis of the problem to appreciate this excerpt of the solution at Duncan Bucknell's IP Think Tank here. (or download a .pdf here) The lengthy article by by Dr. Roya Ghafele, Lecturer, University of Oxford is more than worth your time...

What does it all mean?

Posted on June 24, 2009
Thanks to Geoff Sharp for posting this video at Mediator Blah Blah after a lawyer told him he "didn't believe in email.   What does it all mean?  It means that our ability to adapt, to think critically, and to innovate is critical to our survival as an economic power on the planet...

Yes You ARE Making Irrational Decisions: What to Do About It

Posted on June 11, 2009
From National Public Radio with thanks to Don Philbin, mediator and arbitrator in San Antonio, Texas for posting it to the Commercial and Industry Arbitration and Mediation Group on LinkedIn. People Make Irrational Choices Kahneman was surprised by the pure visceral power of his own certainty...

Beat the Recession with Negotiation Training Now!

Posted on June 06, 2009
Negotiation TrainingView more OpenOffice presentations from Victoria Pynchon.

Unsurprising Speculation on Bratz Litigation Resolution: Licensing Agreement in the Works

Posted on June 04, 2009
  Doll Dispute Edges Toward a Deal from the Los Angeles Daily Journal (for subscribers only; excerpt below) RIVERSIDE - The Bratz doll copyright fight appears to be edging closer to a settlement, with lawyers for two dueling toy manufacturers reviewing a mediator's proposal with their clients in attempts to resolve their differences...

Best Blog Posts First Quarter from 3 Geeks and a Law Blog

Posted on May 29, 2009
It's quite a list but here's my favorite:  Reality:  the Enemy of Innovation? from The Creative Class, excerpt below. Almost everything that we think is real is actually a construction of inferences and interpretations that we misinterpret as reality...

Conflict Avoidance and the March of Science

Posted on May 25, 2009
In today's Los Angeles Times, columnist Michael Hiltzik rightly worries that Investor Funded Research Could Bring the March of Science to a Standstill.  The story used to highlight the problem goes like this: Dr. Philip H. Schwartz spent six years providing university researchers with neural stem cells cultured by a method he had helped invent at the Salk Institute in La Jolla...

Arbitrating that International IP Dispute? Check out Fulbright's International Arbitration Report

Posted on May 25, 2009
Read about recent disputes and issues looming over them. Topics include: Developments Affecting the Choice of Arbitral Seat and Institution in China-Related Contracts Applications Under Section 1782 to Obtain Discovery in International Arbitration English Court Grants Order in Support of Arbitral Tribunal's Peremptory Order Developments in Electronic Disclosure in International Arbitration U...

Hat tip to Virginia Construction

Posted on May 19, 2009
Hat tip to Virginia Construction Lawyer Christopher Hill for this "Courtoon" by the extremely multi-talented federal appellate attorney David Mills.

Building Your IP Practice with a Dynamic Social Network

Posted on May 17, 2009
Put the power of Web 2.0 to work for you while you're sleeping! Internet defamation attorney Adrianos Fachetti; entertainment attorney Gordon Firemark; class action attorney H. Scott Leviant;  Barger & Wolen Marketing Director Heather Milligan and I will be presenting Social Networking for Lawyers: A Roadmap to Success Session 1 (9:15-10:30) at the Second Annual LACBA Solo and Small Firm Convention on June 25, 2009...

Negotiating the Market: 2009 IP Law Firm Marketing Slogan Award to McDonnell Boehnen Hulbert & Berghoff LLP

Posted on May 15, 2009
mbhb we know the drill   When a law firm takes the time and trouble to at least be clever, it tends to make potential clients believe in its claims to be creative and innovative.  That's why we're awarding the IP ADR Blog 2009 IP Law Firm Marketing Slogan Award to the firm of McDonnell Boehnen Hulbert & Berghoff LLP...

Negotiation Strategies with Bart Greenberg of Manatt Phelps

Posted on May 13, 2009
Negotiation Strategies View more presentations from Bart Greenberg.

More Wisdom (with Statistics!) from the IP Maximizer Blog

Posted on May 05, 2009
(right, my own best legal advice - if the litigation won't likely net you $5 million, take your legal fees to Vegas - you'll have a lot more fun losing them there) If you're not reading Jackie Hutter's IP Asset Maximizer Blog you're way behind the curve...

Jackie Hutter's Innovations in Corporate IP Management Presentation

Posted on May 05, 2009

Negotiating from a Position of Weakness? Let Deepak Malhotra Show You How to Leverage That Weakness to Win

Posted on April 20, 2009
Negotiating to Win from a Position of Weakness View more presentations from nasscom.

China, Patents and Cross-Cultural Innovation

Posted on April 13, 2009
Thanks to Dan Harris in my twitter network (twitter.com/danharris) for leading me to Aimee Barnes' blog and in particular her recent post, U.S.-China Business -- Check Your Stereotypes at the Door. Building a multi-lingual and multi-cultural team with a wide array of professional experiences will fuel innovation, foster understanding and promote synergy with your global clients...

The American Institute of Mediation Opens its Doors

Posted on April 08, 2009
In anticipation of working out Affiliated Organization agreements with SCMA and CDRC, current members of those two organizations (and others in the very near future) will receive special Enrollment Discounts as a benefit of your membership in either of those groups...

Los Angeles Daily Journal Profiles Mediator Victoria Pynchon

Posted on March 27, 2009
    Hands-on Approach Mediator Victoria Pynchon relies heavily on human dynamics in helping parties acknowledge realities they may prefer to avoid...

Conflict Prevention in IP Licensing with Paul Jorgensen

Posted on March 27, 2009
DRAFTING AND NEGOTIATING LICENSING AGREEMENTS May 24 - 25, 2009 Dubai Sheraton Creek Hotel Dubai City, UAE Based on his extensive corporate and law firm licensing experience, Paul Jorgensen of The Jorgensen Law Firm PLLC will present this intensive, two day seminar to licensing executives, administrators and lawyers who want more accurate agreements, better license negotiations, and more efficient license programs...

WIPO Mediation: An Idea Whose Time Has Come

Posted on March 24, 2009
If you'd like to learn how WIPO mediation cases have been resolved, WIPO has posted mediation case studies of patent, copyright, telecom, biotech, IT, trademark co-existence, pharma licensing, and telecom patent licensing disputes. These brief case studies should be of use to corporate executives, General Counsel, outside counsel, mediators and arbitrators alike...

Step Right Up Little Lady and Get Your IP Primer Right Here!

Posted on March 23, 2009
It's free.  It really is! Dickstein Shapiro has just released its 2008 Intellectual Property Primer: An Introduction to Intellectual Property for In-house Counsel was prepared by the Firm's Intellectual Property attorneys. The complimentary multi-chapter resource is available for download from Dickstein Shapiro's Web site...

Has the 9th Circuit Really Eviscerated Internet Trademark Laches?

Posted on March 18, 2009
See yesterday's opinion Internet Specialties West, Inc. v. Milon-DiGirgio Enterprises, Inc. There's a vigorous dissent from Justice Kleinfeld culminating in this prediction of the majority opinion's affect on trademark law, particularly as it effects internet marks: The majority's evisceration of laches means that a big company can lurk in the tall grass while its little prey gradually fattens itself by dint of great effort and expense...

Laches in the Age of the Internet: Jackie Hutter Replies

Posted on March 18, 2009
Thanks to Jackie Hutter of the IP Asset Maximizer for her unique perspective on the Ninth Circuit's recent laches decision "Perhaps I am uniquely qualified to respond to this post," writes Jackie.   I wrote the (losing) brief in the case that established laches in Lanham Act in the 11th Cir...

Getting Your Trademark by Satisfying PTO Attorney Interests

Posted on March 16, 2009
We talk a lot here at IP ADR about ascertaining and fulfilling party interests to help you settle your patent, trademark, copyright or trade name and trade dress litigation.  As Entrepreneurship Magazine recently reported in getting into the mind of your negotiating counterpart, knowing your negotiating partner's desires, aims, goals, needs and fears (its interests) will go a long way to getting you the best deal available...

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