Das 271 Patent Blog: PwC Releases 2009 Patent Litigation Study

Each year PriceWaterhouseCoopers (PwC)conducts studies on patents and patent litigation, where the organization analyzes statistics relating tohottopics of patent law.  This year PwC looked at nonpracticing entities (NPEs – companies that do not design, manufacture, or distribute products) and their effect on litigation.

The study found that, adjusting for inflation using the Consumer Price Index, the annual median damage award has ranged from $2.2 Millionen auf $10.6 Millionen, with a median award of $4.4 million over the last 14 Jahr. Insgesamt, this statistic has been more-or-less consistent during this time.

Allerdings, damage awards for NPEs have risen considerably in recent years.  In fact, the median damages award for NPEs was more than triple the award for practicing entities over the last seven years ($12 million for NPEs, und $3.4 million for practicing entities). Contrasted with 1995-2001, the median damages award for NPEs was about the same when compared with practicing entities (roughly $5 Millionen).

One obvious explanation could be that NPEs have become more sophisticated in selecting patents to litigate, and understanding the markets to sue against.  However, another explanation may have something to do with the use of jury trialsjuries decided only 14 percent of the cases with damages awards during the 1980s and 24 percent during the 1990s. In this decade, juries have decided 51 percent of the cases with damages awards.

durch Das 271 Patent Blog: PwC Releases 2009 Patent Litigation Study.

Der Criminal Justice System als Anti-Terror-Werkzeug: Ein Fact Sheet «USDOJ: Justice Blog

The Obama administration is committed to using every instrument of national power to fight terrorism – including intelligence and military operations as well as the criminal justice system.  As a counter-terrorism tool, the criminal justice system has proven incredibly effective in both incapacitating terrorists and gathering valuable intelligence from and about terrorists.  In every instance, the administration will use the tool that is most effective for fighting terrorism, and will make those decisions based on pragmatism, not ideology.

[weiter] Der Criminal Justice System als Anti-Terror-Werkzeug: Ein Fact Sheet «USDOJ: Justice Blog.

How To Work With E-Mediation and Special Masters in E-Discovery Cases ||ESIBytes

Listen to Allison Skinner from the Birmingham, Alabama based law firm Sirote & Permutt, Peter Vogel, head of E-Discovery with the Dallas office of Gardere Wynne Sewell LLP and Karl Schieneman, Director of Legal Analytics and Review with JurInnov, discuss e-Mediation and Special Masters in electronic discovery cases.

durch How To Work With E-Mediation and Special Masters in E-Discovery Cases ||ESIBytes.

Robust Legal Research on Your iPhone

May you live in interesting times,” says an ancient Chinese curse. In the world of legal research, these are interesting times indeed. Westlaw and LexisNexis are both preparing to launch major reconfigurations of their research platforms. Bloomberg Law is jockeying to take them on. Efforts to put all legal research materials in the public domain continue to gain momentum. And even 800-pound gorilla Google is getting into the game.

While those various efforts involve bigger, better and more research on the Web, one legal research service, Fastcase, is about to launch a robust legal research tool you can carry wherever you go. Fastcase has developed an app that allows full case law and statutory research on an iPhone. Even better, not only is the app free, but so is the research.

durch Legal Blog ansehen.

Google veröffentlicht neue Google Voice für iPhone | Reuters

Google Inc präsentiert eine neue Version seiner Internet-Telefon-Service am Dienstag in seiner neuesten Versuch, Apple Inc ist Torwächter umgehen und Google Voice ein beliebter Dienst auf dem iPhone.

Die neue Version von Google Voice lässt sich nur durch ein Smartphone Web-Browser zugegriffen werden, im Gegensatz zu den sogenannten native Anwendungen, die direkt auf das iPhone heruntergeladen werden kann.

Im Juli, Google sagte, dass Apple hatte sich seine Anwendung wandte sich an Google Voice als native iPhone-App anbieten. Die seltenen öffentlichen spuckte unterstrich die wachsende Konkurrenz zwischen den beiden Tech-Riesen und veranlasste die US-. Federal Communications Commission, um mehr Informationen von den Unternehmen über die Angelegenheit Anfrage.

durch Google veröffentlicht neue Google Voice für iPhone | Reuters.

A Primer on Foreign Language E-Discovery | THE REVENUE HERALD

While e-discovery may be Greek to many, it is those documents written in Chinese, Japanisch, Korean and Russian that cause much of the trouble. These “multi-byte” languages have exponentially more characters than the 26 letters and few other punctuation marks that Latin languages like English, Spanisch, French and German need. In der Tat, the number of Chinese characters included in the Kangxi dictionary is over 47,000 (though only 3-4,000 are reportedly necessary for full literacy). The impact on e-discovery is significant considering the increased sophistication necessary for case evaluation.

At the most basic level, computers think in ones and zeros, with a one or zero being a bit. Eight bits is a byte. Es gibt 256 different combinations of numbers you can create using a byte (2 (bits) to the 8th power). For languages that are not based solely on letters, ich, those where symbols represent a concept or a syllable, you need to add bytes (256 x 256, which equals 66,536). That is the essence of multi-byte vs. single-byte languages – single-byte languages have 256 possible combinations, while multi-byte languages have 66,536.

Confused? Then let’s address codings. An encoding is a programmatical translation of what you input to what you get on the screen. The problem is when you have multiple encodings. Zum Beispiel, when analyzing an Outlook 2000 e-mail file (PST format) under a Japanese operating system, which you then convert to an English-language machine for review, there will be problems because the native data in Japanese is corrupted due to linguistic differences.

Unicode was created to solve some of these problems and offer a universal solution; aber, it is only available for files created on newer systems, making legacy data a continuing area of concern. “Each language family has its own unique set of problems and solutions,” says Thomas Barnett, Special Counsel for Sullivan & Cromwell, LLP.

In der Tat, “in some parts of the world, you are not allowed to take the data out of the country due to local data protection laws,” adds Brian Kim of PriceWaterhouseCoopers LLP. He highlights that certain countries also have native applications that are more popular than those commonly used in the United States, requiring additional evaluation of your program inventory.

Whether your data is in Unicode or not, proper preservation is the key. While Microsoft Windows NT, 2000, XP and subsequent versions support Unicode, many archiving or compression tools do not support it. This could result in missing files that may or may not be reported in the error logs. For that reason, you must test carefully, notes Kim. Auch, to ensure correct extraction, properly align the regional settings.

durch A Primer on Foreign Language E-Discovery | THE REVENUE HERALD.

Datenmissbrauch mehr kosten, wenn die Unternehmen zu schnell bewegt – Sicherheit von eWeek

Acting too quickly after a data breach can cost companies even more money, the Ponemon Institute reports.

Data breaches are not getting any cheaper to deal with, and companies that jump the gun on notifications can end up paying the most.

In its fifth annual study on data breaches, the Ponemon Institute discovered that about 36 percent of participants notified their breach victims within one month, but ended up paying $219 per compromised record as opposed to the $196 paid by others. According to the study, a reason for this may be that companies moved too quickly through the process of detection, notification and related activities, and made costly mistakes along the way.

Panicking and making decisions before all the facts are accurately determined may result in extending credit services to individuals who may not have been affected in any way that would put their credit at risk, zum Beispiel,” noted Mike Spinney, senior privacy analyst with Ponemon. “Initial assessments may have indicated 100,000 Leute, but in reality only 50,000 were on the missing diskthat kind of thing can result in wasted money and effort in making notice.

durch Datenmissbrauch mehr kosten, wenn die Unternehmen zu schnell bewegt – Sicherheit von eWeek.

US oil industry hit by cyberattacks: Was China involved? / The Christian Science Monitor – CSMonitor.com

At least three US oil companies were the target of a series of previously undisclosed cyberattacks that may have originated in China and that experts say highlight a new level of sophistication in the growing global war of Internet espionage.

The oil and gas industry breaches, the mere existence of which has been a closely guarded secret of oil companies and federal authorities, were focused on one of the crown jewels of the industry: valuable “bid data” detailing the quantity, Wert, and location of oil discoveries worldwide, sources familiar with the attacks say and documents obtained by the Monitor show.

The companies – Marathon Oil, ExxonMobil, and ConocoPhillips – didn’t realize the full extent of the attacks, which occurred in 2008, until the FBI alerted them that year and in early 2009. Federal officials told the companies proprietary information had been flowing out, including to computers overseas, a source familiar with the attacks says and documents show.

The data included e-mail passwords, messages, and other information tied to executives with access to proprietary exploration and discovery information, the source says.

durch US oil industry hit by cyberattacks: Was China involved? / The Christian Science Monitor – CSMonitor.com.

Apple kann das iPhone mit All U.S loslassen. Carriers, Oppenheimer sagt – BusinessWeek

Apple Inc. may release the iPhone to all U.S. wireless carriers in the next 18 Monat, doubling or tripling the number of devices sold, said Tim Horan, a telecommunications analyst at Oppenheimer & Was.

T-Mobile USA Inc. will get the phone this summer, followed by Verizon Wireless and Sprint Nextel Corp. in the fall, and Clearwire Corp. in 2011, Horan wrote in a note yesterday. AT&T Inc. has been the exclusive carrier since the iPhone debuted in June 2007.

“We believe AT&T’s iPhone exclusivity arrangement with Apple will be expiring by mid-2010,” Horan wrote. “For wireless carriers, customers are demanding the device and they need to remain competitive.”

Apple, based in Cupertino, Kalifornien, rose $3.80, oder 1.9 Prozent, auf $201.55 bei 12:36 p.m. New York time in Nasdaq Stock Market trading. The stock more than doubled last year.

Representatives of Basking Ridge, New Jersey-based Verizon Wireless, Dallas-based AT&T, Overland Park, Kansas-based Sprint and Bellevue, Washington-based T-Mobile declined to comment. A call to Clearwire in Kirkland, Washington, wasn’t immediately returned.

durch Apple kann das iPhone mit All U.S loslassen. Carriers, Oppenheimer sagt – BusinessWeek.

How to Authenticate Web Pages and Screenshots as Evidence | Legal Blog ansehen

Last week in ALM’s Internet Law & Strategy newsletter, via Law.com, M. Anderson Berry and David Kiernan provided an excellent analysis of an issue that is of rapidly-growing importance: How can lawyers authenticate Web pages as evidence in court?

The authors pose an interesting and very realistic hypothetical under which a plaintiff sues your client, claiming that his injuries have made him unable to work, travel or bowl. On the eve of trial, “you discover pictures and other details on a social networking website about plaintiff’s recent trip to the International Bowling Museum & Hall of Fame, including a picture of plaintiff proudly holding a fluorescent orange bowling ball and a four-foot tall gilded trophy dated four days earlier.As you approach the witness with the smoking-gun printouts of the Web pages, you are met with an objection from opposing counsel: “Lack of foundation.

Now what? Berry and Kiernan explain that the common tactic of taking a screenshot of a key Web page is like taking a photograph of the image as it appears on the monitor. If proper steps are not taken to admit the evidence, aber, the value of this information may be lost, as courts are highly suspicious of evidence taken from the Internet. One federal judge even labeled itvoodoo information,” and warned that the Internet isone large catalyst for rumor, innuendo, and misinformation.St. Clair v. Johnny’s Oyster & Shrimp, Inc., 76 F. Supp. 2d 773, 774-75 (S.D. Tex. 1999).

The article states that the majority of courts now appear to require the proponent to authenticate a Web site under Rule 901(b)(1) of the Federal Rules of Evidence, which permits authentication by “[t]estimony that a matter is what it is claimed to be.This testimony typically must answer the following questions:

  • What was actually on the Web site?
  • Does the exhibit or testimony accurately reflect it?
  • If so, is it attributable to the owner of the site?

The scope of the testimony required varies among federal courts, the article notes. For much more on this subject, including information on how to use screenshots from the amazing Internet Archive, a.k.a. der “Wayback Machine,” check out Berry and Kiernan’s article hier.

durch Legal Blog ansehen.