Judge Rader Unveils New Model E-Discovery Order for Patent Cases
By Glenna L. Gilbert
Chief Judge Randall R. Rader of the United States Court of Appeals for the Federal Circuit recently unveiled a new Model Order adopted by the Federal Circuit Advisory Council that seeks to streamline e-discovery in patent cases, particularly email production, and to require parties to focus on the gathering of material information, rather than on “unlimited fishing expeditions.” To read more, click here.
| | Monitoring the 10,000 Application Quota for Track I Patent Examination By John A. Kvinge
The new patent reform legislation, the America Invents Act, includes a provision for prioritized examination of patents known as Track I. The program is only available for a maximum of 10,000 applications per fiscal year, which is about 4% of the applications filed in a given year. As of October 5, 2011 only three new Track I applications had been submitted. To read more, click here.
Electronic Data Preservation Practices: Can Your Business Keep Up?
By Susan E. Tegt
Proper data preservation practices are increasingly important as electronic data discovery issues more and more often plague individuals and businesses faced with litigation. Parties to litigation may face sanctions for spoliation when relevant evidence is deleted or destroyed, regardless of whether the destruction or deletion was intentional. To read more, click here.
| | Is Your Trademark Being Knocked Off? How online consumer surveys may help your company prove trademark infringement. By John A. Kvinge
Traditionally, attorneys have turned to consumer surveys to prove consumer confusion caused by infringement.
The relatively recent widespread adoption of the internet has created a third option that is rapidly gaining traction in federal courts: online consumer surveys. To read the full article, click here.
Cell Phones Provided for Business Purposes Treated as a Non-Taxable Working Condition Fringe Benefit
By Paul J. Linstroth
On September 14, 2011, the Internal Revenue Service (“IRS”), in Notice 2011-72, provided guidance to businesses regarding the tax treatment of cell phones and “other similar telecommunications equipment,” such as smart phones. To read more, click here.
| | Worker Classification Settlement Program By Mary L. Komornicka
On September 21, 2011, the IRS issued a new “Voluntary Classification Settlement Program” that will allow the employer to present their situation to the IRS for a determination of the proper classification of these workers. To read more, click here.
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