Law Week 2004 - Tuesday - Intellectual Property

The Daily Transcript celebrates Law Week 2004 with our annual week-long series honoring the business of law and the legal system. Today, we feature intellectual property law and profile some of the attorneys and firms who practice this intricate area of law in San Diego.

  • Will the Federal Circuit eliminate the opinion letter requirement?

    On Feb. 5, the Federal Circuit heard oral argument in Knorr-Bremse v. Dana Corp., a case in which an opinion letter was not relied on to defeat a willful infringement allegation. At the hearing, Judge Rader framed the issue asking, "Would you agree ... that there should be such a lack of willfulness in the case of a substantial defense?"

  • Jury favors Qualcomm in patent case involving emergency 911 calls

    [IMAGE=qualcomm.jpg CAPTION=Dr. Irwin Mark Jacobs, chairman & CEO, Qualcomm Inc.

  • U.S. Supreme Court to review California prison cell segregation

    WASHINGTON (AP) - Fifty years after the Supreme Court declared racial segregation unconstitutional in public schools, the court agreed in March to consider whether state prisons may separate new inmates by race as a safety measure.

  • Justices of the Supreme Court

    [IMAGE=justices.jpg CAPTION=The Supreme Court justices during the official photo session at the Supreme Court in Washington, D.C. last December. Seen seated from left to right are: Antonin Scalia, John Paul Stevens, Chief Justice William H. Rehnquist, Sandra Day O'Connor and Anthony Kennedy. Seen standing from left to right: Ruth Bader Ginsburg, David H. Souter, Clarence Thomas and Stephen G. Breyer.

  • USPTO hosts luncheon for World IP Day

    [IMAGE=feeney_tom_worldIP.jpg CAPTION=Congressman Tom Feeney (R-Fla.), co-chair of the Congressional IP Caucus, delivers a speech at the World Intellectual Property Day held Wednesday, April 28.

  • Trial, technical experience important in IP mediation

  • Patent application publications and provisional rights

  • Provisional patent application practice

    U.S. patent laws permit inventors to file provisional patent applications, which allow filing without a formal patent claim or any disclosure statement. A lower-cost filing, provisional applications also establish an early effective filing date in subsequent, nonprovisional patent applications. Essentially, provisional applications give inventors more time to analyze the market, arrange for financing and prepare a formal application.

  • KMOB celebrates 20 years in San Diego, reflects high-tech community's diversity

    There is one firm, Knobbe Martens Olson and Bear LLP (KMOB), whose San Diego office has grown along with San Diego's biotech and high-tech communities to become the largest intellectual property practice in San Diego and the West, and one of the leading intellectual property firms in the country. They are consistently ranked No. 1 in all aspects of intellectual property law by several international surveys and will celebrate their 20th anniversary in San Diego this summer.

  • Workers' compensation reform measure signed by governor

    On April 19, Gov. Arnold Schwarzenegger signed what many employers hope to be a major cost savings measure for out-of-control workers' compensation costs. Schwarzenegger says the measure will terminate the fraud and abuse that has caused costs to skyrocket. The measure takes effect immediately.

  • Drafting and prosecuting patent applications with a view toward maximum strength in litigation

    Reviewing an invention and getting the science on paper is easy. So is getting some claims allowed. There is a much more precious opportunity, however, and it generally comes only once. That is the chance to draft and then prosecute a patent that will withstand attack in litigation. No important patent application should be drafted or prosecuted without knowledge of recent case law and (preferably first hand) the intricacies of litigation. If a patent can withstand litigation, it should also withstand the scrutiny of due diligence by investors and potential licensees.

  • Littler Mendelson is 'The' national employment and labor law firm

    Littler Mendelson has quietly represented the nation's largest companies for over 60 years. And while we were recognized recently in the National Law Journal and Corporate Counsel Magazine -- both of which ranked us as the Fortune 250's number one choice for employment law representation, and among the top five law firms overall -- we are no less committed to the goals of each individual client. No two companies are the same. The specific needs of each client must be carefully considered and assessed. That commitment extends to hiring and retaining the best legal talent, regardless of sex, race, national origin or orientation, and to that end have frequently received mentions for our diversity efforts, including the ranking by American Lawyer Magazine as the most female-friendly law firm in the nation.

  • Fish & Richardson's IP team known nationwide

    "Success usually comes to those who are too busy to be looking for it."

  • When and how to search trademarks and interpret the results

    The United States is virtually alone in the world with its emphasis on rights acquired by adoption and use. This makes a search prior to committing substantial company funds a practical necessity where use in the U.S. market is important.

  • New federal anti-spam law: Will it work?

  • Lawyers help nanotech companies navigate legal issues

    [IMAGE=nanotechnology.jpg CAPTION=Draper Fisher Jurvetson managing director Steve Jurvetson speaks about nanotechnology at a business conference in Singapore last October. Some law firms are responding to the needs of nanotech companies by establishing nanotechnology.

  • Decoding M&A

    In a breakfast seminar Wednesday at the Carmel Valley law office of Luce, Forward, Hamilton & Scripps LLP, an expert on mergers and acquisitions told a small gathering of software executives that theirs was the industry to beat.

  • Supreme Court expresses concern in Cheney case about piercing presidential secrecy

    WASHINGTON -- The Supreme Court appeared troubled Tuesday by the prospect of letting the public have a look into private White House policy meetings, a hopeful sign for the Bush administration's aggressive defense of secrecy in the case of Vice President Dick Cheney's energy task force.

  • Western AGs oppose Defense push for more environmental exemptions

    WASHINGTON -- The Bush administration hasn't demonstrated the need to further ease environmental laws in the name of military readiness, five Western attorneys general told Congress.

  • Can courts curb president's power to jail enemy?

    His words resonating throughout the marble columned courtroom of the U.S. Supreme Court, Solicitor General Theodore Olson sounded reasonable enough.

  • French lawsuit challenges heart of Google's business model

    PARIS -- AXA (NYSE: AXA), the world's No. 3 insurer, is taking Google Inc. to court next month in the latest trademark challenge to threaten the heart of Google's business model -- advertising.

  • Attorneys clarify employer obligations under federal health privacy rule

    While April 15 grabbed headlines last week as citizens pored over tax forms and lined up at the post office, April 14 was a big day for employers that sponsor group health plans.

  • San Diego firms deal with conflict between state law, SEC rules

    San Diego law firms and corporate attorneys said they would continue to protect client confidentiality despite new federal securities rules allowing lawyers to report illegal activities to the Securities and Exchange Commission.

  • Developing nations, NGOs allied against intellectual property law

    Developing countries and international nongovernmental organizations are increasingly challenging intellectual property rights and the international rules governing them, according to Laurence Helfer, a visiting professor of law at Princeton University.

  • Judicial Council declares court mediation program a success

    The pilot Early Mediation Programs conducted by the San Diego Superior Court and four other courts statewide proved what attorneys familiar with mediation intuitively know: When used properly, mediation saves clients significant money and leaves them feeling more satisfied with the process.

  • Unlawful attorney advertising and solicitation: Who is liable?

    Attorney advertising and solicitation are covered by California State Bar Rule 1-400, as well as California Business and Professions Code Section 6152. Code section 6152 states that it is unlawful for "runners" and "cappers" to solicit business for attorneys. Also prohibited by this section is soliciting or joining in this type of conduct. (BP 6152 (a)(2).) A violation of this section may result in criminal penalties including potential incarceration and/ or fines as high as $15,000. (BP 6153.)

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