Technology

Expert Analysis

• Does 'Consent' Survive Cellphone Number Recycling?

  

  The new Twitter case in the Northern District of California raises interesting issues regarding the Telephone Consumer Protection Act’s concepts of “consent” and “called party” that have not yet been finally determined by either the courts or the Federal Communications Commission, say attorneys with DLA Piper LLP.

• And Now A Word From The Panel: Top 10 Venue Arguments

  

  As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

• What The Supreme Court Said About Patents This Term

  

  This year, the U.S. Supreme Court decided on six patent cases that will have significant consequences for companies as they work to advance their strategy for protecting their intellectual property, say J. Michael Martinez de Andino and George Davis of Hunton & Williams LLP.

• Peregrine Puts Hired-To-Invent Issues In Spotlight

  

  Do you think your employees are hired to invent? A California federal judge's recent ruling in Peregrine Semiconductor Corp. v. RF Micro Devices Inc. serves as a reminder that oral agreements are insufficient and employees who perform general engineering, development or other activities will likely fall outside the scope of the hired-to-invent doctrine, say Michael Bunis and Vanessa Arslanian of Choate Hall & Stewart LLP.

• Litigator’s Perspective: 5 Tips On Arbitration Provisions

  

  It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

• 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

  

  In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

• Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

  

  A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

• A 12-Point Patent Monetization Plan

  

  A recent Delaware decision acknowledges that there may be an affirmative duty of officers and directors of a corporation to monetize the corporation’s intellectual property. Fortunately, there are steps available to manage this risk that are also profitable business strategies, says Stephen Glazier of Akerman LLP.

• Keys To IP Collaborations With Universities: Part 1

  

  Despite the benefits of working with academia, there remain significant distinctions in the core missions between research institutions and for-profit companies. Without understanding these distinctions, for-profit companies often run the risk of frustrating relationships, or worse, compromising their own intellectual property positions, say attorneys with Greenberg Traurig LLP.

• Powerful Tools For Discovery And Litigation Strategy

  

  Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.