Abstract: At a recent IP conference in Switzerland, where the author spontaneously proposed an arbitration regime designed to reduce patent litigation costs, Chief Justice Randall Rader of the United Stated Federal Circuit of Appeals encouraged the author to write this article saying that he found that the concept was a good one which indeed has the potential of reducing such costs.
Abstract: The patentability of all flavors of software, even business methods, is a well established fact in the U.S.. Due to political pressures, it is not clear whether certain flavors of software are patentable in Europe. Consequently, there are practical implications for our clients: where permitted under national law, and where the U.S. market is a significant part of the world market, local counsel should advise their clients to consider filing software patent applications in the U.S. first.
Abstract: With respect to patent strategy, patent attorneys best advise their clients by suggesting that they start their patent filings in the country of the most commercial importance to them as determined by the market in that country, or by the presence of competitors or potential licensees.
Abstract: Take a company like IBM, Tyco International, or Semtech, global companies, leaders in their fields. Where do they choose to place and manage some or all of their most valuable intellectual property? New York? California? Delaware? Perhaps to some extent, but not exclusively. They have chosen Switzerland, what some would consider an unlikely base from which to manage a precious asset. Yes, there are legitimate, significant and even compelling reasons to choose Switzerland as a base from which to manage your intellectual property, whether you’re a small enterprise or a large multinational. This article explores the most significant reasons for choosing attorneys-at-law based in Switzerland to manage your IP portfolio.
Abstract: Few risk managers are aware that one simple choice made as part of a company’s overall patent strategy can be fine-tuned to significantly reduce litigation risk, namely the choice of where a company starts the patent application process. Where permitted under national law and where there is a potential market for the product in the US, patent applications should be filed in the United States first. This chapter is intended to enlighten risk managers so that they can help their Europe-based clients loosen the deep-seated practice of home-country priority fi lings that, in most cases, needlessly handicaps the client vis-à-vis their US-based competitors.
Abstract: Since January 1, 1978, copyrighted works have been protected under a uniform set of federal laws. These sometimes complex federal laws have been created to achieve a rather simple result: to provide the visual artist with a tool with which to protect his expressions against infringement or unauthorized use by others. The purpose of this article is to give the visual artist a working knowledge of the copyright laws such that he can identify unauthorized use, and once having done so, take action to enforce his copyright.
Abstract: Bill Gates probably has an above-average level of intelligence. He definitely had a good idea. It helped that both his parents were lawyers—at least he knew that he could trust his attorneys and that they were arguably able to find the type of specialized legal counsel he needed.