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The two prominent litigators who appear on the cover of this issue of IP magazine happen to be friends of long standing. Morrison & Foerster’s James Brosnahan and Keker & Van Nest’s John Keker have known each other since their days representing sugar companies in a price-fixing case pursued by the feds in the 1970s. In the years that followed, their two firms — both of them blue-chip fixtures in the San Francisco legal community — have run up against each other in a variety of high-profile intellectual property cases. Each firm has sustained losses and scored victories in the course of representing their respective clients. And in some cases, not surprisingly, tensions have run high among the competing attorneys. Even so, the friendship between Brosnahan and Keker serves as a fitting symbol of the overall degree of professional respect and admiration that lawyers at each firm have for their counterparts. Jennifer Thelen’s cover story, “Friendly Foes,” provides an interesting — and, hopefully, instructive — reminder that our adversarial legal system can operate just fine even when the adversaries at the counsel tables have plenty of positive things to say about each other. Brosnahan, meanwhile, has some other matters besides IP and patent issues on his mind these days as he continues to represent John Walker Lindh, who is awaiting trial on federal charges stemming from his pro-Taliban activities in Afghanistan. Many of the other articles in this issue are devoted to the latest trends and developments in patent law and related intellectual property issues. In “Profiting From Patents,” Victoria Slind-Flor reports that clients in big-stakes patent infringement disputes are sparing no expense in prosecuting or defending claims. The result? Law firms are beefing up their patent-related litigation departments, and the practice area is fueling profits, thank you very much, at firms whose lawyers are squeezing into those well-populated courtrooms. The U.S. Supreme Court is doing its own part to stimulate increased litigation in patent disputes. Its May ruling in the much-anticipated Festo case backed away from some bright lines that had been drawn by the U.S. Court of Appeals for the Federal Circuit in claims involving the doctrine of equivalents. To enlighten you further, read the insightful analysis of the high court’s Festo ruling (“Patent Rescue”) by two IP practitioners from the Washington, D.C., office of Dorsey & Whitney. Our objective at IP magazine is to provide helpful news and feature coverage about cutting-edge issues in intellectual property law to practitioners, whether they work at outside law firms or corporate law departments, and others whose professional lives require an understanding of these issues. In our effort to fulfill that objective, it’s always helpful to hear from readers for feedback. It’s always nice to hear good things, but it’s more important to know how we can improve. So don’t hesitate to get in touch, sound off, suggest an article, tell us how we’re doing. That’s the kind of intellectual property we can all profit from. Steven Pressman Editor Back to IP Magazine

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