Expert Witnesses in Intellectual Property Litigation Intellectual property cases are often among the most challenging to try in court, in large part because the complex and highly abstract issues can be difficult to communicate to the lay people of the jury. Advanced Cardiovascular Systems Inc. v. Medtronic Inc. 'Advanced' addresses the interesting question of a Motion to Disqualify a plaintiff's retained expert based upon a prior pre-engagement interview with counsel representing the defendants in the subject litigation. On August 8th, the U.S. Department of Justice proposed new antitrust guidelines for the licensing and acquisition of intellectual property. FBI Steps Up Enforcement of Intellectual Property Rights The Department of Justice has recently made it easier for businesses to protect their intellectual property rights by appropriating greater resources to the criminal enforcement of certain intellectual property laws. Two recent cases deserve special attention for their use of alternative tests to determine whether trade dress consisting of packaging for simple consumer products was functional.
Recent developments regarding domain name registrations potentially affect all domain name owners.
In response to recent decisions from the Court of Appeals for the Federal Circuit, the PTO has now issued Proposed Guidelines for examination of computer-implemented inventions. As Internet use skyrockets, so does the number of complex and challenging legal issues that arise out of such use. Trademark law, in particular, has been impacted by the ease with which information can be accessed and manipulated through the World Wide Web. A solid strategy is a must for any inventor. Any strategy is based upon a set of concerns.