Patently Obvious?

Is the U.S. patent system in need of reform? This is no idle question. Lawmakers in Washington, D.C. are weighing a variety of reform packages.

And the U.S. Supreme Court has swung into action as it considers a variety of patent cases that could dramatically overhaul patent law in the country. In this issue, we examine the variety of patent cases the U.S. Supreme Court is considering this term, most notably the fight involving eBay, which involves whether an injunction should be automatically granted when an infringement occurs.

While not before the Supreme Court (yet), the imbroglio involving the maker of BlackBerry – which case threatens to shut down the popular wireless service in the U.S. as early as next month – underscores the importance of patents to our 21st century economy. Patents can very well rise to the level of “bet-the-company” stakes.

BlackBerry maker Research in Motion Ltd. is betting the U.S. Patent and Trademark Office will overturn the patents in question held by NTP, Inc., which in turn could help them immensely in the court battle.

But that’s a risky strategy. RIM is facing a potential permanent injunction because of a ruling that it infringed NTP’s patents. The court could make its decision before the Patent Office finishes its work on reviewing the disputed patents.

Another important issue we consider in these pages is the growing number of bias suits related to “English-only” rules in the workplace. And we also take a look at the trend of in-house counsel demanding that their outside lawyers submit budgets at the very outset of taking on new matters. Sounds easy enough, but those that have been through the process provide tips and insights on avoiding complications down the road.

Your input on what topics we should be covering is always welcome. Feel free to give me a shout at (617) 218-8141 or [email protected] to discuss what’s on your mind.

Lawyers Weekly is hosting a golf event June 21 at Cyprian Keyes Golf Club in Boylston, Mass. We’re getting inside and outside counsel together on the links to have some fun away from work and get to know each other better. We hope you mark your calendars for this first-time event, which includes a cocktail reception and awards dinner. I hope to see you there!

Paul D. Boynton
Publisher