• The Ninth Circuit Applies Octane Fitness Fees Standard to Trademark Cases

    December 01, 2016 |

    rather than analyzing whether a defendant's infringement of a trademark has been malicious or willful, or whether a plaintiff's claim has been pursued in bad faith, district courts in the Ninth Circuit are required to consider the totality of the circumstances in determining whether a case is "excep

  • IP News

    December 01, 2016 |

    -- Judge Newman Attacks Partial Institution of IPRs As Incompatible with AIA's Motivations
    -- APA Guarantees Patentee In an IPR an Adequate Opportunity to Respond To Newly Asserted Facts From a Previously Disclosed Prior Art Reference
    -- Consistent Characterization Of a Claim Term in a Parti

  • Software and Business Method Inventions After Alice

    November 02, 2016 |

    As important as software and business method inventions are in the new digital economy, it is often unclear whether they can be patented. This uncertainty is largely due to a legal rule that "abstract ideas" are not eligible for patent protection, which is based on a long line of U.S. Supreme Court

  • Increase of IP Cyberthefts on the Horizon, and Many Unprepared

    October 31, 2016 |

    Though cybertheft of intellectual property is predicted to dramatically increase over the next 12 months, a significant portion of companies has yet to fully secure their IP assets, according to a survey released by Deloitte Cyber Risk Services.

  • IP News

    October 31, 2016 |

    Fed. Cir.: Patent Application Provided Sufficient Written Description to Provide Priority Date
    Fed Cir: Patent Trial Appeals Board's Decision on Assignor Estoppel is Not Reviewable
    Fed. Cir.: Automatic Method for Lip Synchronization and Facial Expressions of Animated Characters is Patentable

  • Supreme Court Term Promises to Be IP Blockbuster

    October 18, 2016 |

    With four IP cases on the docket and several more knocking at the door of certiorari, the U.S. Supreme Court is poised for a banner year of patent, trademark and copyright decisions.

  • The Internet Is Not a Consequence-Free Zone

    October 02, 2016 |

    The widespread use of social media, and the corresponding ability to create, share, and misappropriate content ' all in an instant ' has radically increased the number of unwitting copyright owners and infringers.