LexisNexis® Legal Newsroom
Budgets Are A Reality For Litigators

By Eric E. Bensen & Rebecca K. Myers There is probably no other part of the litigation process where the cold hard reality of hindsight has less in common with the lofty expectations of planning than the much demanded, but universally dreaded litigation budget. Budgeting is a foundational brick...

Litigation Budgets Can Help Resolve Differences Between Inhouse And Outside Counsel

By Eric E. Bensen & Rebecca K. Myers A detailed budget, one that accounts for the number and nature of anticipated motions, scope of discovery to be taken by each side, including depositions, length of trial, etc., provides an opportunity for In-house and Outside Counsel to discuss their expectations...

Budgets Are A Reality For Litigators

By Eric E. Bensen & Rebecca K. Myers There is probably no other part of the litigation process where the cold hard reality of hindsight has less in common with the lofty expectations of planning than the much demanded, but universally dreaded litigation budget. Budgeting is a foundational brick...

Litigation Budgets Can Help Resolve Differences Between Inhouse And Outside Counsel

By Eric E. Bensen & Rebecca K. Myers A detailed budget, one that accounts for the number and nature of anticipated motions, scope of discovery to be taken by each side, including depositions, length of trial, etc., provides an opportunity for In-house and Outside Counsel to discuss their expectations...

A Preview of the Supreme Court's Decision on Patent Eligibility in Mayo Collaborative Servs. v. Prometheus Labs

In Mayo Collaborative Servs. v. Prometheus Labs. (" Prometheus Labs. "), the Supreme Court will address the patent eligibility of a claimed process for the second time in two years. This time, at issue is a claimed process for maximizing the therapeutic efficacy of a specific class of drugs...

Bensen on Settlement Negotiations with a Third Party May Be Discoverable

In light of the recent trend in patent cases towards permitting discovery of patent licenses granted as part of settlement agreements ("settlement licenses") on the grounds that such licenses are pertinent to a reasonable royalty award for the infringement of the subject patent, it was just...

Bensen on the Economic Espionage Act & the Uniform Trade Secret Act

In May of 2012, the FBI set up billboards with a simple message: "$13 Billion Lost, Protect America's Trade Secrets." The purpose of the unusual campaign was to draw attention to the growing problem of state-sponsored espionage targeted at U.S. companies. Increased awareness of the problem...

Eric E. Bensen on the Supreme Court's Decision in Mayo Collaborative Servs. v. Prometheus Labs. on the Patent Eligibility of a Medical Diagnostic Claim

[originally posted 3/27/2012] In Mayo Collaborative Servs.v. Prometheus Labs., Inc ., 2012 U.S. LEXIS 2316 (U.S. 2012) [ enhanced version available to lexis.com subscribers ], the Court addressed the question of whether a claim that includes a law of nature (or a natural phenomenon or a mathematical...

Eric E. Bensen on The Supreme Court's Decision Respecting the Impact of a Covenant Not to Sue on a Defendant's Standing to Seek a Declaratory Judgment of Trademark Invalidity

Can a trademark owner avoid a declaratory judgment that its mark is invalid by granting an accused infringer a covenant not to sue and seeking dismissal of the action? In Already, LLC v. Nike, Inc. [ enhanced version available to lexis.com subscribers ], the U.S. Supreme Court answered that question...