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Clear Error Test Governs Review of Patent Rulings, Supreme Court Holds
February 23, 2015
The U.S. Supreme Court held 8-2 today that the Federal Circuit may no longer ignore some rulings by trial court judges on how to construe patent claims. The outcome marks a major victory for parties that win the often-decisive battles over claim construction in Markman hearings in district court. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854, slip op. at 4 (U.S. Jan. 20, 2015), the Court held that Rule 52(a)(6) governs review of “a district court’s resolution of subsidiary...
February 23, 2015
The U.S. Supreme Court held 8-2 today that the Federal Circuit may no longer ignore some rulings by trial court judges on how to construe patent claims. The outcome marks a major victory for parties that win the often-decisive battles over claim construction in Markman hearings in district court. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854, slip op. at 4 (U.S. Jan. 20, 2015), the Court held that Rule 52(a)(6) governs review of “a district court’s resolution of subsidiary...
Do Lawyers Distrust Many Technological Innovations?
February 22, 2015
Overall, there is a lack of trust in institutions among the general population and many lawyers apparently share in this skepticism when it comes to technology. The recently released 2015 Edelman Trust Barometer showed that issues related to trust are actually “hindering acceptance of technological advancements.” One of the key findings of the survey of the general population globally is that innovation is happening too quickly. Some 51 percent of the respondents said that the pace of development...
February 22, 2015
Overall, there is a lack of trust in institutions among the general population and many lawyers apparently share in this skepticism when it comes to technology. The recently released 2015 Edelman Trust Barometer showed that issues related to trust are actually “hindering acceptance of technological advancements.” One of the key findings of the survey of the general population globally is that innovation is happening too quickly. Some 51 percent of the respondents said that the pace of development...
Datacert and TyMetrix Announce Combined Name to be ELM Solutions
February 22, 2015
Recently merged enterprise legal management industry leaders Datacert and TyMetrix have announced that the new name for the combined...
February 22, 2015
Recently merged enterprise legal management industry leaders Datacert and TyMetrix have announced that the new name for the combined...
Marriage Rates
February 22, 2015
From Today: The New York Times looked closely at those numbers and reported: “Those who married in the 2000s are so far divorcing at even lower rates. If current trends continue, nearly two-thirds of marriages will never involve a divorce, according to data from Justin Wolfers, a University of Michigan economist (who also contributes to The Upshot).” This means we need to update how we think of marriage. It’s no longer accurate to casually proclaim that 50 percent of marriages end in divorce. Whelan...
February 22, 2015
From Today: The New York Times looked closely at those numbers and reported: “Those who married in the 2000s are so far divorcing at even lower rates. If current trends continue, nearly two-thirds of marriages will never involve a divorce, according to data from Justin Wolfers, a University of Michigan economist (who also contributes to The Upshot).” This means we need to update how we think of marriage. It’s no longer accurate to casually proclaim that 50 percent of marriages end in divorce. Whelan...
Gap Widens Between Rich and Super-Rich Law Firms
February 21, 2015
As rich law firms lose ground to the super-rich law firms, their associates will feel the monetary pain, according to a columnist who is a former BigLaw partner. Writing at Above the Law, lawyer Mark Herrmann says it’s tough for law firms earning $1 million in profits per partner to compete with super-rich firms earning $3 million per partner. Herrmann, a former big-firm lawyer, is chief counsel for litigation and global chief compliance officer at Aon. Herrmann believes profitability will...
February 21, 2015
As rich law firms lose ground to the super-rich law firms, their associates will feel the monetary pain, according to a columnist who is a former BigLaw partner. Writing at Above the Law, lawyer Mark Herrmann says it’s tough for law firms earning $1 million in profits per partner to compete with super-rich firms earning $3 million per partner. Herrmann, a former big-firm lawyer, is chief counsel for litigation and global chief compliance officer at Aon. Herrmann believes profitability will...
The Chinese Equivalent of Amazon Starts Drone Deliveries
February 21, 2015
Amazon has talked about it, but now a Chinese online retailer is doing it: using drones to deliver goods to customers. Alibaba is roughly the Chinese equivalent of combining Amazon and eBay and last year took in revenue of 52.5 billion yen (approximately US $8.4 billion.) Its subdivision Taobao is running a very limited trial: it will run for three days, will only serve customers living close to its main distribution centers, and is restricted to the first 450 buyers. The test will only...
February 21, 2015
Amazon has talked about it, but now a Chinese online retailer is doing it: using drones to deliver goods to customers. Alibaba is roughly the Chinese equivalent of combining Amazon and eBay and last year took in revenue of 52.5 billion yen (approximately US $8.4 billion.) Its subdivision Taobao is running a very limited trial: it will run for three days, will only serve customers living close to its main distribution centers, and is restricted to the first 450 buyers. The test will only...
Robot With Empathy Will Add Ability to Learn From IBM’s ‘Watson’
February 21, 2015
Unlike other cognitive technology that responds rather mechanically, Watson can learn over time like a human brain, and understands the concept of probability, which makes it sophisticated and more human-like for applications, according to IBM. "It depends on the context of the conversation as to what the right answer would be," as opposed to how a computer would generally try to answer correctly, Gold told The Associated Press. "The world is seldom absolute." * * * Son said Pepper will...
February 21, 2015
Unlike other cognitive technology that responds rather mechanically, Watson can learn over time like a human brain, and understands the concept of probability, which makes it sophisticated and more human-like for applications, according to IBM. "It depends on the context of the conversation as to what the right answer would be," as opposed to how a computer would generally try to answer correctly, Gold told The Associated Press. "The world is seldom absolute." * * * Son said Pepper will...
Utah Federal Court Stays Proceedings Under Miller Act Pending Arbitration
February 20, 2015
The core issue facing a federal court in Utah was whether it should stay the proceedings pending resolution of related arbitration proceedings involving sureties which issued payment bonds under the Miller Act. A dispute arose among various parties involved in the construction of a project called the Utah Data Center. Cache Valley Electric Company sued Truland Systems which subcontracted Cache to perform certain electrical work on the project. In accordance with the Miller Act, Truland, which had been...
February 20, 2015
The core issue facing a federal court in Utah was whether it should stay the proceedings pending resolution of related arbitration proceedings involving sureties which issued payment bonds under the Miller Act. A dispute arose among various parties involved in the construction of a project called the Utah Data Center. Cache Valley Electric Company sued Truland Systems which subcontracted Cache to perform certain electrical work on the project. In accordance with the Miller Act, Truland, which had been...
Adios
February 20, 2015
In a recent mediation the parties and their counsel worked diligently toward resolution all day. Back and forth. Back and forth. Finally, an agreement. Counsel are in my office and we are word-processing something to memorialize the settlement. Drafts are generated. Approvals obtained. Voila, the printer generates the “final” version, and one of the lawyers runs off to obtain his client’s signature. Only to return and report that his client has left. Without his counsel’s knowledge or permission,...
February 20, 2015
In a recent mediation the parties and their counsel worked diligently toward resolution all day. Back and forth. Back and forth. Finally, an agreement. Counsel are in my office and we are word-processing something to memorialize the settlement. Drafts are generated. Approvals obtained. Voila, the printer generates the “final” version, and one of the lawyers runs off to obtain his client’s signature. Only to return and report that his client has left. Without his counsel’s knowledge or permission,...
How Can You Make a Good First Impression?
February 20, 2015
The Science of First Impressions is a Lifehacker article by Jory MacKay and he brings up many good points, We are hard wired to make quick, not necessarily rational, decisions. When our ancestors lived on the plains of Africa, it was eat or be eaten. Being able to quickly size up situations and other people could be the difference between life and death. This “rapid cognition” is the ability to delve into the situation and decide what is most important very quickly. Psychologists call the ability...
February 20, 2015
The Science of First Impressions is a Lifehacker article by Jory MacKay and he brings up many good points, We are hard wired to make quick, not necessarily rational, decisions. When our ancestors lived on the plains of Africa, it was eat or be eaten. Being able to quickly size up situations and other people could be the difference between life and death. This “rapid cognition” is the ability to delve into the situation and decide what is most important very quickly. Psychologists call the ability...
