2011
Showing 417–432 of 649 results
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Conception vs. copying: A patent case
April / May 2011
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 425
Abstract: It’s wrong to copy another’s work — but, when a patent is involved, the line between conception and copying can be blurred by various arrangements between the parties involved. This article discusses a patent infringement case in which the defendant argued that its copying made it a “prior inventor” and, thus, invalidated the patent claims at issue. Solvay S.A. v. Honeywell Int’l, Inc., 2009-1161, Oct. 13, 2010 (Fed. Cir.)
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Generic drug draws preliminary injunction
April / May 2011
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 535
Abstract: A label for an asthma drug indicated that it could be administered once or twice daily, but the patents described once-daily treatment. Another company sought FDA approval to manufacture and sell a generic version of the drug for twice-daily use. The original manufacturer sought a preliminary injunction barring the applicant from launching its version of the drug. The district court issued the injunction, and the applicant appealed. But, as this article details, the Federal Circuit affirmed the granting of the preliminary injunction. AstraZeneca LP v. Apotex, Inc., Nos. 2009-1381, 2009-1424, Nov. 1, 2010 (Fed. Cir.)
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A view to a trademark – Gun manufacturer turns to 007 for help
April / May 2011
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: When a gun manufacturer filed an application for a trademark on the product configuration design of certain firearms, the trademark examiner rejected the registration on the grounds that the design wasn’t inherently distinctive — and the examiner wasn’t persuaded by the manufacturer’s argument that the handgun design had acquired distinctiveness. The manufacturer appealed to the Trademark Trial and Appeal Board (TTAB), citing evidence of distinctiveness in the public’s mind, including widespread recognition of the product’s use in the popular James Bond movies. This article looks at the TTAB’s decision. In re Carl Walther GmbH, No. 77096523, Oct. 26, 2010 (T.T.A.B.)
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Do online music providers need a license? The Second Circuit logs on and weighs in
April / May 2011
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 905
Abstract: Are music downloads also public performances of the musical work, for which the copyright owners must separately and additionally be compensated? That was the issue facing a U.S. Circuit Court after a district court held that they weren’t, and that public performance licenses for download services were not needed. This article shows how, in rendering its decision, the circuit court made a distinction between downloading and streaming — and a sidebar shows how the court determined what it felt to be a proper royalty rate for streaming music. U.S. v. ASCAP, 09-0539-cv (L), Sept. 28, 2010 (2nd Cir.)
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Estate Planning Pitfall – You haven’t properly funded your living trust
April / May 2011
Newsletter: Insight on Estate Planning
Price: $225.00, Subscriber Price: $157.50
Word count: 337
Abstract: Probate can be costly and time consuming, and its public nature raises privacy concerns. An effective tool for avoiding probate is a revocable, or “living,” trust. It can also be used to manage assets if one becomes incapacitated. For it to work, one must transfer assets to it that would otherwise go through probate. Once the estate plan is complete, however, it’s easy to overlook the need to transfer later-acquired assets to the trust. This article explains the procedures for transferring assets, and which assets shouldn’t be transferred to a trust.
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TICs offer simple alternative to FLP, FLLC
April / May 2011
Newsletter: Insight on Estate Planning
Price: $225.00, Subscriber Price: $157.50
Word count: 739
Abstract: For affluent families, family limited partnerships (FLPs) and family limited liability companies (FLLCs) can be effective vehicles for reducing gift and estate taxes and protecting assets from creditors. But they also have some downsides. As this article explains, transferring tenancy in common (TIC) interests can be an attractive alternative for certain tangible assets — particularly real estate. But there are both pros and cons to this approach.
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Before walking down the aisle … Consider the benefits of a prenup
April / May 2011
Newsletter: Insight on Estate Planning
Price: $225.00, Subscriber Price: $157.50
Word count: 588
Abstract: Prenuptial agreements are commonly associated with divorce. And while such an agreement provides a couple control over assets in the event of a split, it can also preserve one’s estate by protecting assets from creditors and help ensure the estate is distributed according to the decedent’s wishes. This article explains how both prenuptial and postnuptial agreements may figure into estate planning.
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Digital assets – Does your estate plan account for today’s technology?
April / May 2011
Newsletter: Insight on Estate Planning
Price: $225.00, Subscriber Price: $157.50
Word count: 851
Abstract: Many people today conduct a good part of their business and personal lives electronically. These activities generate valuable “digital assets.” Without addressing these assets in an estate plan, one’s family or other representatives may not be able to access them without going to court and, in some cases, may not even know that they exist. This article explains why it’s so important to not overlook digital documents and the steps necessary to be sure they’ll be accessible by the appropriate people when the time comes. A sidebar lists several companies that offer online services for passing on digital assets to loved ones.
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The time is ripe for team-based care
Spring 2011
Newsletter: Healthcare Management Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 1003
Abstract: There’s been a growing consensus in the medical community that teamwork is critical to patient care. This article describes the benefits, the training involved, and the qualities of the physicians who participate. However, this approach is so new to the health care industry that it requires outside input for its implementation. The article looks at the Team Strategies and Tools to Enhance Performance and Patient Safety (TeamSTEPPS®) program and the three phases a hospital should observe in rolling it out.
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Supreme Court decision settles debate over medical residents
Spring 2011
Newsletter: Healthcare Management Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 716
Abstract: For two decades, there’s been a contentious debate between teaching hospitals and the Social Security Administration over whether residents should be treated as employees or students. If students are considered to be employees, both they and their hospital-employers must pay FICA taxes to cover Social Security and Medicare. Hospitals have relied on a FICA exemption to define residents working more than 40 hours a week as students, but a Supreme Court decision in January upheld a Treasury regulation making such residents ineligible for the exemption. As this article explains, hospitals must immediately begin paying payroll taxes for these residents.
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Is your hospital ready for critical deadlines?
Spring 2011
Newsletter: Healthcare Management Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 497
Abstract: The health care industry is experiencing a convergence of three technology-based initiatives: 1) the transition from ICD-9 to ICD-10 in coding and adjudicating health care claims, 2) the introduction of the 5010 standard for electronic transactions between providers and payors, and 3) the HITECH incentive program for implementing certified “meaningful use” EHR systems. Deadlines for these initiatives are fast approaching, and many hospitals are already falling behind in preparing for them. This article describes the steps they need to take.
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Your hospital and local employers: A win-win combination
Spring 2011
Newsletter: Healthcare Management Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 836
Abstract: Poor employee health habits can negatively affect employers’ bottom lines through high absenteeism, poor quality output, low productivity and skyrocketing insurance premiums. But hospitals are likely to be well positioned to help local businesses institute health management programs. Well-established hospitals offer employers credibility, a track record of accomplishment, diversity and flexibility of services, and certified expertise. This article shows how to get started, while a sidebar discusses how to help an employer build the foundation for a workplace health improvement program.
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Learning the ropes before taking the reins – A smooth transition requires the successor in a family business to know all areas
April / May 2011
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 675
Abstract: Grooming a successor in any business setting can be difficult, but it can be especially tricky in a family business. To help make the transition as seamless as possible, a successor needs to know the family business from the bottom up. To achieve this, the transition plan should include a multidisciplined approach showing the responsibilities and pressures each employee handles. This involves such areas as sales, customer service, finance, human resources and marketing.
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Are Roth IRAs worth a second look?
April / May 2011
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 806
Abstract: When it comes to IRAs, the traditional version is by far the most popular. But it may be time to take a second look at the Roth IRA, because it can be an important component of a retirement savings strategy. This article points out the circumstances in which a Roth may be advantageous, and discusses contribution limits. A sidebar takes a brief look at Roth 401(k), 403(b) and 457 plans.
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Married couples get more estate planning flexibility — temporarily
April / May 2011
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 316
Abstract: Under the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, if one spouse dies in 2011 or 2012 and part (or all) of his or her estate tax exemption is unused at his or her death, the estate can elect to permit the surviving spouse to use the deceased spouse’s remaining estate tax exemption, so that the exemption essentially is “portable.” Making this election is simpler than transferring assets during life and/or setting up a credit shelter trust. But, as this article explains, current law allows this option for only two years, so any planning will need to take that into account.
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Why 2011 may be a great year to invest in your business
April / May 2011
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 770
Abstract: A company considering investing in assets, research or people may find that 2011 is the year to do so. Why? Because the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 provides some enhanced tax breaks that may not be available (or that may be more limited) next year. This article discusses the status of bonus depreciation, the research credit, and the Work Opportunity credit. A sidebar shows how much bonus depreciation is available when.