Intellectual Property Operations and Implementation in the by Lanning G. Bryer

By Lanning G. Bryer

A pragmatic method of company IP operations and implementationIntellectual estate Operations and Implementation is helping executives, lawyers, accountants, managers, and proprietors, comprehend the felony, technological, fiscal, and cultural alterations that experience affected company IP possession and administration. web page through web page, it offers useful examples and suggestion from professional and enduring pros who've followed new and streamlined equipment and practices no matter if as in-house or outdoor information, or carrier providers.Timely and correct in view of the considerably worldwide monetary recession amidst rampant technological improvement and the ensuing adjustments in legislation, perform, and cultureExamines the choice making strategies, actions, and adjustments of vital company highbrow homeowners in present day new economyImportant and well timed, this ebook offers a world method of company IP administration.

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Intellectual Property Operations and Implementation in the 21st Century Corporation

A realistic method of company IP operations and implementationIntellectual estate Operations and Implementation is helping executives, lawyers, accountants, managers, and vendors, comprehend the criminal, technological, financial, and cultural alterations that experience affected company IP possession and administration.

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C01 09/02/2011 12:17:48 Page 14 C02 09/02/2011 12:24:15 Page 15 CHAPTER 2 Electronic Discovery in Intellectual Property Cases Jennifer R. Martin Symantec Corporation C ompany servers, databases, personal computers, backup tapes, handheld devices, and, most recently, the Internet ‘‘cloud’’ can contain a treasure trove of compelling evidence relevant in every type of investigation or litigation matter, big or small, criminal or civil. The information explosion and the concomitant escalation of costs associated with handling data during litigation is cause for significant concern among corporate litigants, in-house and outside counsel, and the judiciary, among others, and has resulted in untold numbers of conferences, workshops, articles, and legislative proposals to address the problems associated with electronic discovery.

Thereafter, Rambus filed a series of suits against various companies for patent infringement. 7 In the most recent case to analyze Rambus’s prelitigation conduct, however, the District Court for the District of Delaware found intentional spoliation of documents by Rambus. In so holding, the court found that Rambus had anticipated litigation at least as early as December 1998. As a sanction, the court held that the Rambus patent was unenforceable against Micron. Notably, the trial court acknowledged that there is nothing wrong under normal circumstances in establishing a retention policy that includes purging unnecessary C02 09/02/2011 12:24:15 18 Page 18 Intellectual Property Operations and Implementation e-mail and records, and explicitly noted that removing ‘‘all materials not part of the official record’’ from patent-related files is common practice; however, it found that the timing of the institution and execution of such policies in April 1999 exhibited bad faith on the part of Rambus.

Thereafter, Rambus filed a series of suits against various companies for patent infringement. 7 In the most recent case to analyze Rambus’s prelitigation conduct, however, the District Court for the District of Delaware found intentional spoliation of documents by Rambus. In so holding, the court found that Rambus had anticipated litigation at least as early as December 1998. As a sanction, the court held that the Rambus patent was unenforceable against Micron. Notably, the trial court acknowledged that there is nothing wrong under normal circumstances in establishing a retention policy that includes purging unnecessary C02 09/02/2011 12:24:15 18 Page 18 Intellectual Property Operations and Implementation e-mail and records, and explicitly noted that removing ‘‘all materials not part of the official record’’ from patent-related files is common practice; however, it found that the timing of the institution and execution of such policies in April 1999 exhibited bad faith on the part of Rambus.

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