September/October 2012

Taking the RAND Case to Trial

Cover Story

Taking the RAND Case to Trial

Trying a RAND case in trial court involves many strategic considerations, but there is little precedent to guide practitioners. The authors present various claims and defenses that can be raised in the trial court in response to a plaintiff’s alleged breach of its RAND licensing commitment, as well as potential winning trial strategies.

Joseph Potenza, incoming chair of the ABA Section of Intellectual Property Law, begins his year of tenure with opening remarks that reflect on his understanding of what the practice of law is and offers encouragement to become involved.

Issues concerning application of provisions of the Hatch-Waxman Act are discussed in light of a clear split in the circuit courts.

Shira Perlmutter, Administrator for Policy and External Affairs for the United States Patent and Trademark Office, discusses the path that led her to the USPTO and her responsibilities and goals as Administrator. She also shares the challenges faced by the USPTO in international policy discussions and the current polarization in copyright.

A discussion of IP Transfer pricing, the three methodologies commonly associated with IP transfer pricing, and how § 482 of the Internal Revenue Code relates to the three methods.

Recent decisions regarding copyrights, trademarks, and patents in the federal circuit and Supreme Court are summarized.

This column addresses recent events that have arisen with respect to the International Intellectual Property Group.

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