This seminar is for general praticioners and commercial attorneys who advise companies with patent portfolios. We`ll discuss what the law is, preventive action and, of course, defensive steps should the client be sued.
To their regret businesses large and small are learning the hard way about the growing rash of patent false marking lawsuits filed around the country.
Businesses with IP portfolios tend to overlook that their patents expire. They continue to mark their products and packages with the numbers of the expired patents. Sometimes this is out of ignorance; other times it`s an attempt to keep competition out of the market.
General practitioners and corporate counsel often neglect to warn their clients that there`s a downside: marking of product with expired patent numbers carries substantial legal and monetary risks. In a series of rulings in 2009 and 2010, the Federal Circuit Court of Appeals held that statutory damages of $500 per violation, i.e., for each unit of product offered for sale, can be awarded. If the client sells wrenches priced at $3.00, but "falsely marked", the penalty can be $500 for every wrench in every tool bin in every hardware store where the wrench is on sale. The potential damages can be huge: 10,000 units on sale throughout the country means exposure to $5,000,000 in damages.
The plaintiff need not be a competitor of the patent holder. Any person or party may bring suit as a private attorney general.
The Completion Date for Self Study is the date you reviewed the materials. Not the Completion Date listed on the Certificate of Completion.
Add some of our best sellers to your personal library such as:
Arizona Civil Remedies, 3rd ed. 2011, 2 volumes, $150*
A nuts-and-bolts resource that provides a practical approach to commercial and consumer law topics. With over 100 pages of forms, sensible advice on common practice problems, and concise explanations of pertinent substantive and procedural issues, this is one of the most useful books a lawyer can own.
Chapter include: Injunctions | Prejudgment Seizure of Property; Attachment; Garnishment General Prejudgment and Post-Judgment Remedies | Remedies for Creditors in Mexico Declaratory Judgments | Rescission and Specific Performance | Real Property Foreclosures Remedies in Proceedings Under the Bankruptcy Code.
Arizona Appellate Handbook, 4-Vol. Set
Includes all updates
All 4 Volumes for only
$385.00 (plus tax & shipping)
Written by expert judges and practitioners in appellate law. Since its inception in 1978, the Arizona Appellate Handbook has provided concise, detailed explanations of how to conduct virtually any kind of Arizona appeal. It contains exposition of case law, interpretation of statutes, and clarification of court rules and procedures. Each volume provides step-by-step procedures, checklists, flow charts, and numerous sample forms.
Volume One covers appeals from superior court to court of appeals and supreme court. Volume Two explains how to proceed in appeals from justice and municipal courts to superior court. Volume Three covers procedures by the Administrative Review and Procedure Acts, and agency appeals. Includes all recent supplements
Arizona Tort Law Handbook, 2012 $185*
Contributing Editors: Steven Plitt & Steven J. Gross
Covers a broad spectrum of tort law in Arizona. Topics discussed range from basic torts (such as fraud and assault) to more complicated torts (such as products liability and medical malpractice). This handbook is an invaluable reference tool for Arizona lawyers, including discussions on many pertinent issues, including:
Attorney Tort Liability | Insurance Bad Faith | Construction Defects
Conversion | Defamation & Libel | Design Professional Liability | Dog Bite Liability | Dram Shop Liability | Emotional Distress Employment Torts | Fraud | Health Care Liens | Medical Malpractice Negligence Products Liability | Punitive Damages | Tortious Intereference with Contracts | Wrongful Death and more.
* Prices do not include tax and shipping. To order, please call 602-340-7318 or online at www.azbar.org/cle
Peter Goldman, DeConcini McDonald Yetwin & Lacy