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Publications
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Practical Applications of Intervening Rights As a Defense to Patent Infringement
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May/June 2010
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Patent Pool Participants Await Clarity Regarding Need to Make Separate Available Licenses to Competing Technologies
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March/April 2010
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A Less Reactive, More Preemptive Approach to E-Discovery
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December 2009
Intellectual Property Today
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Claim Construction, Willful Infringement Post Seagate
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October 20, 2009
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Combination Drug Patents in the Post-KSR World
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October 2009
Patent Strategy & Management
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U.S. Business Opportunity Laws and Their Effect on Franchisors
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August 2009
Franchise and Distribution, Federated Press
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The Joint Infringement Defense Takes Flight
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May 2009
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Patent Damages Analysis: Maximize Admissibility And Reliability of Proposed Expert Testimony
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February 2009
Patent Strategy & Management
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Navigating Hypothetical Negotiations
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October 2008
Managing Intellectual Property
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ANDA Litigation Discovery: What the Patent Owner Should Seek |
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June 2008
Patent Strategy & Management
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Standards Involvement Does Not Avert Patent Execution |
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May 2008
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Standards Involvement Trumps Patent Enforcement |
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March 26, 2008
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LizardTech v. Earth Resource Mapping and the Written Description Requirement in the Predictable Arts March 2008
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Federal Circuit to Reconsider the Patentability of Business Methods and Software Patents |
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March 2008
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U.S. Patent Office Establishes Mechanism for Public Review of Patent Applications February 2008
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In the Wake of In re Seagate Technology, LLC: The Federal Circuit Raises the Standard for Willful Infringement and Enhanced Damages and Heightens the Protection of Attorney-Client and Work-Product Privilege |
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February 2008
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Design Patents: Will "Point-of-Novelty Test" Survive? |
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January 22, 2008
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Co-editor, The FTC Franchise Rule: Analysis and Commentary
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2008
American Bar Association Forum on Franchising
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Patent Reform and the Supreme Court: Navigating Obviousness in the Wake of KSR January 2008
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EPC 2000 Changes the European Patent Landscape January 2008
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Willful Patent Infringement and Opinions of Counsel After In Re Seagate Technology
November 2007
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Supreme Court to Reconsider Patent Exhaustion
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November 2007
Patent Strategy & Management
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SanDisk v. STMicroelectronics Expands Jurisdiction for Declaratory Judgment Actions |
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August 2007
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The Supreme Court Sanctions the Use of Common Sense: The Effects of KSR v. Teleflex on the Determination of Obviousness |
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June 2007
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Key Decisions From Supreme Court, Federal Circuit |
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May 23, 2007
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The Modern Face of Counterfeiting |
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April 2007
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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Recent Patent Cases Affecting the Pharmaceutical Industry |
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April 2007
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Lessons Learned During the Preparation of Prosecution of Various Patent Applications Under the U.S. Patent and Trademark Office's Accelerated Examination Program April 2007
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The Patent Marking Statute: Investigate Before You License |
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April 2007
Patent Strategy & Management
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Reevaluating Copyright in the YouTube Age |
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March 2007
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The Potential Effects of Foreign Prosecution March 2007
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Federal Circuit Addresses the Question of U.S. Jurisdiction Over Foreign Patent Claims in Voda v. Cordis Corporation |
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March 2007
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Practicing Responsible Product Design to Avoid Infringement |
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March 2007
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The U.S. Supreme Court's Recent MedImmune Decision and Its Implications for Intellectual Property Licensing Management |
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February 2007
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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Trade Secrets: General Guidelines Every Employee Should Know |
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January 30, 2007
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Courts: Licensees May Sue, 'Inducement' Clarified |
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January 24, 2007
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The Biggest Threat to Continuation Practice? January 22, 2007
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Patent and Trademark Office Amends Procedures for Accelerated Examination of Patents |
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January 2007
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Good News on State Taxation of Out-of-State Franchisors in New Mexico . . . Or Not
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Winter 2007
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America's Risky Gamble: I.P. Rights May Become a Retaliatory Weapon in Trade and Regulatory Disputes Among WTO Members |
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December 2006
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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Small Entity Status: Potential Pitfalls and Curative Measures |
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December 2006
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Trademark Dilution Act: An Evolutionary Shift in Focus |
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November 22, 2006
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The SEC and IP Valuation: Are You in Compliance With Sarbanes-Oxley Requirements? |
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November 2006
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The Potential Effects of Foreign Prosecution on Patent Infringement Litigation November 2006
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KSR International: Death of Motivation and Return to Flash of Genius? October 20, 2006
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Combatting the Alarming Counterfeiting Explosion |
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October 16, 2006
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Will the Supreme Court Expand Licensees' Options for Challenging a Licensed U.S. Patent? |
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October 2006
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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Recent FTC Opinion on Rambus Highlights Tension Between Competitive Necessity to Patent Technology and Need to Collaborate in Standards-Setting Bodies |
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October 2006
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Federal Circuit Weighs In on Obviousness Issues Also Pending Before the Supreme Court |
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October 2006
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The Roberts Supreme Court Takes On Patent Cases |
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September 27, 2006
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Will the Supreme Court Expand Licensees' Options for Challenging a Licensed U.S. Patent? |
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September 2006
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United States Federal Circuit Clarifies Scope of Privelege Waiver Opinion of Patent Counsel Is Invoked as Defense to Willful Infringement |
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August 2006
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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Small Entity Status: Potential Pitfalls and Curative Measures
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August 2006
Patent Strategy & Management
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Reexamining Patent Reexamination Practice: The U.S. Patent Office's Proposed Rule Changes |
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August 2006
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Second Circuit Rejects Side-by-Side Comparison |
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July 26, 2006
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Gaming of the Generic Drug Approval Process to Be Disciplined by the Supreme Court? |
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July 2006
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Injunction Inversion: The Latest eBay Litigation Twist |
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July/August 2006
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U.S. Supreme Court Case Could Alter Landscape for Patent Injunctive Relief |
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July 2006
LESANZ News, Licensing Executives Society of Australia and New Zealand
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U.S. Patent Office Implements New Guidelines for Examining Algorithm-Type Patent Claims July 2006
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Federal Circuit Clarifies Scope of Privilege Waiver Opinion of Patent Counsel Is Invoked as Defense to Willful Infringement |
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June 2006
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Federal Circuit Continues to Grapple With the Doctrine of Inherent Anticipation June 2006
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To Pay or Not to Pay: Supreme Court to Consider Whether Patent Licensee in Good Standing May Challenge Patent Validity
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June 2006
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U.S. Supreme Court Holds in eBay Case That Injunctions Are Not to Be Presumptively Entered Upon Finding of Patent Infringement |
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June 2006
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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Considering Accused Products in Determining a Patent's Scope |
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May 22, 2006
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Standing to Assert a U.S. Patent: To the "Patentee" (Only) Belongs the Infringement Action |
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April 2006
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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Foreign-Replicated Copies of a Component Supplied From the United States May Fall Within Section §271(f) of the Patent Act April 2006
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The Tension Between Grant-Writing and Patent Prosecution, or How Not to Describe Your Inventive Research Inconsistently April 2006
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Recognizing a Problem Is the First Step: Federal Circuit Acknowledges Unsettled Law, but Declines to Clarify Requirement for Induced Patent Infringement
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April 2006
Patent Strategy & Management
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Protecting Intellectual Property From Employee Raiders and Former Employees |
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March 2006
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U.S. Supreme Court Case Could Alter Landscape for Patent Injunctive Relief |
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February 2006
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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The Market Power Presumption: Court to Consider Whether Patents Confer Market Power in Tying Cases
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February 2006
The Intellectual Property Strategist
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Limited-Term Exclusive Licensees Lack Independent Standing to Sue for Patent Infringement February 2006
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Planning for Disasters and Coping When They Hit
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2006
American Bar Association Forum on Franchising
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Exploiting the Method Patent Exception to the Marking Requirement: A Potentially Winning Strategy for Patentees |
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December 2005
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Administrative Law Judges Strike Down Doctrine Aimed at Limiting Business Method and Software Patent Claims, U.S. Patent Office Swiftly Responds |
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December 2005
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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Latest Amazon One-Click Patent Case Holds That Claims Including Both a System and a Method Are Invalid Due to Indefiniteness December 2005
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'Ex Parte Lundgren' Expands Patentable Subject Matter |
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November 23, 2005
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Supreme Court to Review Validity of "Test-Plus-Correlate" Claims: LabCorp v. Metabolite |
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November 2005
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United States, European Community Agree on Use of Wine Names
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November 2005
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Supreme Court Grants Certiorari to Consider Entitlement to Automatic Permanent Injunction Upon Finding of Patent Infringement |
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November 2005
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Aggressive IP Strategies Open Up New Revenue Streams |
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October/November 2005
Intellectual Asset Management
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United States Grapples With Proposed Patent Reform Legislation |
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October/November 2005
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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Cross-Border Patent Infringement |
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September 28, 2005
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How to Evaluate and Select Venue to Gain a Strategic Advantage in Patent Litigation September 2005
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Holding Patents Hostage? The Need for HIV/AIDS Drugs in Poor Countries Threatens the Health of International Patent Protection |
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September 2005
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Phillips v. AWH Corp.: U.S. Federal Circuit Revisits Patent Claim Construction Canons, but Leaves Them Largely Unchanged |
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August/September 2005
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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Companies Sponsoring Promotional Contests and Sweepstakes Need to Know the Rules of the Game |
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August 2005
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Phillips and Interpreting Claims: Look to Patent, Then Dictionary |
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July 20, 2005
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Who Is the Inventor and Why Does It Matter? July 2005
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The Scope of Waiver When a Party Relies On an Advice of Counsel Defense to an Allegation of Willful Patent Infringement: Various Judicial Approaches, and Steps to Limit the Impact of the Waiver |
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July 2005
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Federal Court Clarifies Claim Construction Process in Phillips v. AWH Corp. |
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July 2005
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Symbol Technologies v. Lemelson, Prosecution Laches, and the Still-Unmet Challenges of Junking "Junk Patents"
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Summer 2005
American Intellectual Property Law Quarterly Journal
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Getting to Know Means-Plus-Function Claims: Does "Means" Always Mean "Means"? |
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June 2005
Patent Strategy & Management
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Vanquishing the Patent Trolls, Part 2: Possible Solutions to the Phenomenon of the So-Called "Patent Troll" |
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June/July 2005
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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MGM v. Grokster and Pending Legislation: What's at Stake for Peer-to-Peer Networks and Copyright Law |
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June/July 2005
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The Basics of an Adequate Prefiling Inquiry Under Rule 11 |
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June 2005
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Recent Re-Examinations
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May 2, 2005
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Nakamura Case Presents Opportunity for Novel Litigation Strategies
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May/June 2005
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Medtronic Settles Medical Device Patent Dispute With Doctor for $1.35 Billion May 2005
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Patent Licenses That Restrain Price: New Wrinkles and Old Doctrine |
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April 2005
Patent Strategy & Management
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Vanquishing the Patent Trolls: Technology Companies Doing Business in U.S. Face Increased Demand for Tribute From Dubious Patentholders |
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April/May 2005
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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Possible Outcomes From the U.S. Supreme Court Review of Grokster |
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March 2005
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Bankruptcy Basics: Intellectual Property Licenses in Bankruptcy
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March 2005
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Will the Supreme Court or Congress Modify Copyright Law in an Era of Rampant Digital Piracy? (with David A. Bell)
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Spring 2005
NYU Journal of Law & Business
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Electronic Discovery: Not Your Father's Discovery
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2005
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Jacobs v. Nintendo of America, Inc.: Licensee's Right to Make, Use, and Sell Patented Product Immunizes His Customers From Suit Under the Patent |
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December 2004/January 2005
News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland
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The Use of Demonstratives in Patent Litigation
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December 2004
Patent Strategy & Management
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Lexmark v. Static Control: Another Circuit Court Reads Limitations Into DMCA's Sweeping Statutory Anti-Circumvention Strictures
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November 19, 2004
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How to Value a Research Tool
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November 2004
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U.S. Federal Circuit Appeals Court Signals Major Changes in Law of Claim Construction, Damages
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October/November 2004
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Is a Scientific Presentation Disclosing a Later-Claimed Invention an Invalidating "Printed Publication" Under 35 U.S.C. Section 102(b)? October 2004
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Bankruptcy Basics: Patent Licenses in Bankruptcy
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October 2004
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Bankruptcy Basics: Intellectual Property Licenses in Bankruptcy
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October 2004
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Does Recent Acacia Media Markman Order Signal Increased Scrutiny of "Junk Patents" Under 35 U.S.C. Section 112? |
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October 2004
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Knorr-Bremse: Court Overrules Drawing Adverse Inferences
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September 22, 2004
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Chamberlain v. Skylink: The Federal Circuit Enters the DMCA Fray
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September 17, 2004
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Federal Circuit's Knorr-Bremse Decision Marks Significant Changes in Willful Infringement Law, but Patent Opinions of Counsel May Remain as Important as Ever |
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September 2004
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Tackling the Patent Bandits
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September 2004
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Increasing Patent Portfolio Value by Strategic Prosecution and Planning
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August/September 2004
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"Publish Or Perish" or "Publish And Perish" |
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August 2004
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The New (?) Written Description Requirement |
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August 2004
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Avoiding Common Misperceptions and Mistakes in IP License Agreements
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August 2004
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Diluting the Trademark Claim: An Update |
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July 28, 2004
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Licensee May Not Challenge a Patent Without Materially Breaching License Agreement July 2004
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Understanding European Patent Opposition in Light of U.S. Patent Practice July 2004
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Rewriting Dependent Claims May Result in Narrowing of Claim Scope July 2004
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Curtailment of 'Reach-Through' Infringement Claims: Bayer AG v. Housey Pharmaceuticals, Inc. Case Study
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Summer 2004
Journal of BioLaw and Business
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Want Your Invention Back? Practice Tips for Preparing an Application (and Yourself) for a Patent Interference |
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June 2004
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Shifting the Balance: The Nakamura Case Dramatically Illustrates How Japanese Patent Law Can Sometimes Favor Inventors Over Their Employers
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June 2004
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Put Up or Shut Up: U.S. Court Rules Licensees Can't Challenge Licensor's Patent Whilst Preserving Rights Under License to It
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June 2004
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Are Gene-Sequencing Patents Too Easily Issued? |
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May 26, 2004
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Spam After CAN-SPAM: How Inconsistent Thinking Has Made a Hash out of Unsolicited Commercial E-Mail Policy
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May 2004
Santa Clara Computer & High Technology Law Journal
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Software Patents Regain Credibility |
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May 2004
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Bankruptcy Basics: Patent Licenses in Bankruptcy |
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May 2004
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High-Profile Patents May Attract the Scrutiny of the PTO in Commissioner-Ordered Reexamination |
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May 2004
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Designing Around a United States Patent
Spring 2004
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Safeguarding Japanese Patent Agent and Attorney Communications From United States Discovery Proceedings |
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Spring 2004
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"Haven't We Got a Patent on That?" A Systematic Approach to Categorizing Your Patent Portfolio |
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April 2004
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Lemelson Patents Held Unenforceable Under "Prosecution Laches" |
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March 24, 2004
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Do Pop-Up Ads Violate Web Site Owners' Rights? Second Circuit Set to Render First Appellate Ruling in 1-800 Contacts, Inc. v. WhenU.com |
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May 10, 2004
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Verizon's New Horizon: Court Backs ISP's Refusal to Reveal Subscriber Details
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March 2004
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License to Large Company Can Threaten Enforceability of Small Company's U.S. Patents |
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March 2004
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Practicing Reverse Engineering in an Era of Growing Constraints Under the Digital Millennium Copyright Act and Other Provisions |
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March 2004
Albany Law Journal of Science and Technology
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How to Categorize Your Patent Portfolio
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March 2004
Managing Intellectual Property
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Landmark U.S. Legislation Seeks to Prevent Anticompetitive Use of Pharmaceutical Patents |
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March 2004
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Symbol Technologies v. Lemelson, Prosecution Laches, and the Still-Unmet Challenges of Junking "Junk Patents" |
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March 2004
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The U.S.-Led Crusade Against Electronic Piracy |
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March 2004
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Opening Up the CAN-SPAM Act |
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February 2004
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Recent High-Profile Judgments and Settlements Could Lead to Continued Increase in Litigation of E-Patents |
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Februay 1, 2004
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Antitrust Probes Stemming From Patentee's Inequitable Conduct |
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January 28, 2004
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Patent Law Evolving to Meet Bioinformatics: Genomics Revolution Has Spawned Innumerable Patentable Inventions, but Pitfalls Exist
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January 26, 2004
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"Fair Use" and the Digital Millennium Copyright Act of 1998 |
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January 26, 2004
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D.C. Court of Appeals Finds the Copyright Law's Subpoena Powers Lag Behind Internet Technology |
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January 2004
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Federal Circuit Further Clarifies Disclosure Standard For "Means Plus Function" Patent Claims |
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January 2004
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The Continuing Evolution of the DMCA Anti-Circumvention Provisions
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December 2003
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Protection of Insured-Insurer Communications Under the Attorney-Client Privilege And Work-Product Doctrine |
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December 2003
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Recent Upswing in E-Patent Litigation Likely to Continue |
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December 2003
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Controversy Continues Over Massive U.S. Software Patent Damages Award |
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December 2003-January 2004
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All Grown Up: A $521 Million Verdict Signals Adulthood for Business Method and Software Patents |
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November 2003
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The Trademark "March Madness" Withstands a Genericness Attack November 2003
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Proposed Treaty Would Force U.S. IP Law to Change
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October 2003
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Federal Circuit Revisits the Meaning of "Commercial Offer for Sale" in Connection With the On-Sale Bar to Patentability October 2003
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Considering Extrinsic Evidence in Construing a Patent's Scope |
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September 24, 2003
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The U.S. Supreme Court Again Curtails Lanham Act Claims |
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July 2003
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Researchers Beware: Not All "Experiments" Are Exempt From Patent Infringement Suits |
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July 2003
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New Case Suggests Ways to Avoid the Application of Section 112, Paragraph 6 |
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July 2003
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Infringement Notice Letters Alone May Not Subject Patentee to Personal Jurisdiction of a Foreign Forum in a Declaratory Judgment Action |
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June 2003
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Dastar v. Twentieth Century Fox: Drawing a Line Between Trademark and Copyright Law |
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June 2003
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EBay and Subsidiary Found to Have Willfully Infringed Two Business Method Patents |
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June 1, 2003
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Lessons From Recent Findings of Inequitable Conduct |
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May 28, 2003
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Standing to Assert a U.S. Patent: Do Infringement Actions Belong Solely to the "Patentee"? |
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May 2003
Patent Strategy & Management
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Preamble Language May Limit a Method Claim if the Language Recites the Essence of the Claimed Invention May 2003
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The Federal Trademark Dilution Act Requires Proof of Actual Dilution |
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April 2003
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Biotechnology Patents: How Much Description and Research? |
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March 31, 2003
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Second Circuit Limits the Reach of Anticybersquatting Statute |
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February 2003
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U.S. v. Lange: Conviction for Attempted Sale of Trade Secret Information February 2003
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Does Trademark Dilution Act Require Proof of Economic Harm? |
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January 27, 2003
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Internet-Related Patents: Are They Paying Off? |
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December 10, 2002
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U.S. Supreme Court Hears Arguments on Whether the Federal Trademark Dilution Act Requires Proof of Economic Harm December 2002
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Privacy in the Electronic Age
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November 2002
Managing Intellectual Property
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Gulf Cooperation Council Patent Office to Issue First Set of Patents in October |
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October 2002
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The Divergent Treatment of Patents for Business Method Algorithms in the United States, Europe, and Japan |
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October 2002
Baker Botts IP Report; also published in Patent Strategy & Management, October 2002
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Protection of Inventions Disclosed in Pending Patent Applications |
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October 2002
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Enzo Biochem: What Direction Is Written Description Taking? |
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Septembr 25, 2002
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Deposing the Inventor in a Patent Case |
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September 2, 2002
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Keen, Inc. v. InfoRocket.com: First District Court Applies Festo
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September 2002
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Effect of Participation in Technical Standards-Setting Bodies on Assertion of IP Rights |
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September 2002
Baker Botts IP Report; also published in Uniden Legal Bulletin, December 2002
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Biological Deposits as Support for a Patent Are Good Enough After All |
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Biological Deposits as Support for a Patent are Good Enough After All |
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Supreme Court Restricts Federal Circuit Jurisdiction |
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July 24, 2002
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Intellectual Property Due Diligence in a Business Transaction Setting |
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July 2002
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TRENDSPOTTER: New Festo Decision Is a Fairer Standard for Prosecution History Estoppel |
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Supreme Court Broadens Scope of Patent Protection |
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June 6, 2002
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TRENDSPOTTER: Two New Bills Present Challenges to DNA Patentability |
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Unclaimed but Disclosed Subject Matter Rules Dedicated to Public |
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May 22, 2002
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The Federal Circuit Refuses to Apply Doctrine of Equivalents to Subject Matter Disclosed but Not Claimed |
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April 12, 2002
International Pharmaceutical 2002
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Preliminary Injunctions in Patent Infringement Cases
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The Ninth Circuit Approves Service of Process by E-Mail in Rio Properties, Inc. v. Rio International Interlink April 2002
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The Federal Circuit Revives the Prosecution Laches Defense |
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March 27, 2002
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Verifying UCC Filings of Security Interests in an Intellectual Property Due Diligence Investigation March 2002
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Planning for HIPAA Compliance Requirements in Software Licensing and Patent Protection |
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March 2002
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Pharmaceutical Patent Law Cycles: The Interplay of Patent & FDA Law |
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Amended Rule 702: Powerful Tool in Trade Secret Litigation
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United States Trademark Trial and Appeal Board Weighs In on Dilution Claims Under the Federal Trademark Dilution Act |
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February 2002
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Are Records of Invention Produceable in Litigation? |
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January 23, 2002
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TRENDSPOTTER: Rethinking Government Funding: March-In Rights |
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A Post-Festo World
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December 2001
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TRENDSPOTTER: Housey v. Bayer Decision Limits Reach-Through Infringement |
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Amended Rule 702: New Challenges in Intellectual Property Litigation |
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December 2001
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Federal Circuit Decision a Blow to Generic Drug Industry |
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November 28, 2001
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Claim Drafting Strategies for Software and Business Method Inventions |
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November 2001
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TRENDSPOTTER: Protecting the Patentability of 3-D Protein Structures |
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Sharing Information While Maintaining the Attorney-Client Privilege in Patent Matters |
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Maynard v. Philadelphia Cervical Collar: Maintenance of a Passive Web Page Fails to Subject a Corporation to Personal Jurisdiction in a Forum State |
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The Current State of Embryonic Stem Cell Patents |
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TRENDSPOTTER: Treading the Thin Ice of Proteomic Patent Protection |
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Development, Management and Use of Intellectual Property
August 2001
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TRENDSPOTTER: Eureka! IP Treasure Could Be Right Under Your Nose |
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TRENDSPOTTER: Just Say "No" to Patent Pooling for Genomics |
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TRENDSPOTTER: Pushing a Patent to the Limit |
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Amazon.com Loses in Court: The Difficulties of Obtaining Preliminary Injunctions |
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May 23, 2001
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TRENDSPOTTER: The Festo Decision and its Effects on Genomics Patents |
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Festo Sweep: How the Decision Is Playing Out in the Federal Circuit and District Courts
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May 2001
Patent Strategy & Management
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TRENDSPOTTER: How to Legally "Possess" Your Genomic |
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Domain Name Litigation and Arbitration |
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March 28, 2001
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TRENDSPOTTER: What the PTO Means by "Utility" |
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Interactive TV Growing More Complex |
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Business and Legal Considerations Involving Interactive Television
The New York Law Journal's Silicon Alley Supplement
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Item 19 Earnings Claims: A Disclosure Most Franchisors Should Try to Make
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Spring 2001
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TRENDSPOTTER: How to Overcome the Hurdles of Patentability - Part II |
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TRENDSPOTTER: Putting Patents in Perspective - Part I |
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Prosecution of Patents in Light of the Federal Circuit 'Festo' Decision |
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January 24, 2001
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How to Keep Trade Secrets 'Secret' During Litigation |
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Internet Update: Anticybersquatting Consumer Protection Act |
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November 22, 2000
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Recent Patent Decision Depresses Lilly and Its Stock |
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September 27, 2000
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Articles on CAE Screenplates Inc. v. Heinrich Fielder GMBH in re Constant and Softview v. Howarth |
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September 2000
Patent Strategy & Management
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False Advertising of Allegedly "Generic" Drugs |
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July 26, 2000
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What Internet Start-Ups Should Know About Patents |
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May 24, 2000
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Two Bites of the Trade Secret Misappropriation Apple
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May 2000
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Behind Closed Doors: Closing the Courtroom in Trade Secrets Cases
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Spring 2000
Texas Intellectual Property Law Journal
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Conducting Discovery in America While Winding Up a European Concern
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2000
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The Doctrine of Equivalents and Hypothetical Claim Analysis |
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March 22, 2000
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Recent Statutory Changes in Patent and Trademark Law |
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January 26, 2000
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Tough Issues: Drafting Challenges for Franchisors Operating in the New Economy
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2000
American Bar Association Forum on Franchising
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Internet Update: Legislative and Case Law Developments |
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November 24, 1999
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Technology Transactions in the Global Economy October 1999
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The Almost Perfect Crime: Using Misappropriation to Fill the Gaps in the Unfair Competition Law |
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The Continuing Definition of the Doctrine of Equivalents |
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September 22, 1999
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State Sovereign Immunity From Intellectual Property Suits |
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July 28, 1999
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Raders' Step-Plus-Function Analysis
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July 1999
Intellectual Property Hot Topics, Baker Botts Web Site
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Broadened Scope of Protection |
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May 26, 1999
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Internet Purchasers of Children's Book Create Copyright Stir May 17, 1999
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Using Others' Trademarks to Trigger Internet Advertisements |
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March 24, 1999
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Congress Debates M.D. Monopoly on Technique |
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Revisiting Inherently Distinctive Product Trade Dress |
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January 27, 1999
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Sale of Invention as Statutory Bar to Protection |
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November 25, 1998
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Virtually Anything Is Patentable
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November 1998
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'State Street': Virtually Anything Is Patentable |
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September 23, 1998
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A Computerized Business Method Is Patentable Subject Matter |
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August 6, 1998
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Hilfiger II: Reiterating the Need for a Thorough Search |
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July 22, 1998
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Current Intellectual Property Law Issues in Oil and Gas Exploration and Production |
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June 1998
Forty-Ninth Annual Institute on Oil and Gas Law and Taxation, Publication 640, Release 49
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The Federal Circuit and Its Standard of Review |
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May 27, 1998
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Big Future for Nontraditional Marks
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Dilution Update: Antitrust Reversal |
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March 26, 1998
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The Death Knell of Antitrust Liability |
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January 28, 1998
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Emerging Internet Trademark Issues |
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November 26, 1997
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July 23, 1997
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The Federal Circuit and the "Best Mode" Defense |
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May 28, 1997
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Recent Second Circuit Decisions |
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March 26, 1997
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Policies & Policy Statements: A Shield for Franchisors or a Sword in the Hands of Complaining Franchisees?
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1997
American Bar Association Forum on Franchising
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Embedded Alert Software: Weapon Against Piracy or Computer Abuse? |
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August 13, 1996
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The Ever-Increasing Duty to Conduct a Search |
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July 24, 1996
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"Embedded Alert Software: A Potential Abuse Combatting an Actual Abuse
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July/August 1996
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Patent and Trademark Law, the New Dilution Rules: Only the Famous Need Apply |
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March 27, 1996
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Ambush Marketing and How to Avoid It
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Co-editor, Building Franchise Relationships: A Guide to Anticipating Problems, Resolving Conflicts and Representing Clients
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1996
American Bar Association Forum on Franchising
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Patent and Trademark Law: 'Markman' Issues Ready for Supreme Court Review |
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December 15, 1995
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A Word From Our Sponsor: Beware the Ambush
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Co-Branding: Managing Franchise Brand Associations
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Fall/Summer 1995
Oklahoma City University Law Review
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Reshaping the System: Cooperative Strategies for Overcoming Business and Legal Obstacles to Change in the Mature Franchise System
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| |
American Bar Association Forum on Franchising
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Dressing Up Software Interface Protection: The Application of Two Pesos to "Look and Feel" |
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Combining Affiliations: When Competitors Merge Their Franchise Systems
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1994
American Bar Association Forum on Franchising
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Judicial Update
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1993
American Bar Association Forum on Franchising
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Alternative Dispute Resolution in Franchise Systems
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1992
American Bar Association Forum on Franchising
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Using Trade Secret Law to Protect Computer Software
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| |
1991
Rutgers Computer and Technology Law Journal
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An Overview of Trial Format and Techniques
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1988
Patent Litigation 1988, Practising Law Institute
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An Overview of Pretrial and Trial Format
|
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1986
Patent Infringement 1986, Practising Law Institute
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