Features
Northern District of California Holds Vanity License Plates Are Not Government Speech
California DMV regulations excluding plaintiffs' personalized plates were like the PTO trademark registration restrictions of SLANTS and FUCT — restrictions struck down by the U.S. Supreme Court for violating the First Amendment.
Features
The Dark Side of Licensing: How to Prepare for the Audit
The audit clause itself is not something to be feared. It is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.
Features
From the PTO to the FDA: What to Consider When Branding Clinical Trials
The legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.
Columns & Departments
IP News
PTAB to Follow Nautilus Standard of Definiteness
Features
Exercising Restraint: Federal Circuit Affirms Dismissal of Declaratory Judgment Action Under Abstention Doctrine
The Federal Circuit affirmed the dismissal of a declaratory judgment action based on the "abstention doctrine," despite the declaratory judgment plaintiff's insistence that the underlying contract dispute required resolution of patent validity and claim scope that were within the federal courts' exclusive purview.
Features
Looking Ahead to Avoid Spoliation Sanctions
A recent Federal Circuit decision denying a petition for a writ of mandamus should serve as a cautionary tale and reminder for corporate entities regarding the critical importance of preserving documentary evidence in a timely and appropriate manner.
Features
USPTO Sets Precedent on Collective Patent Defense Groups with RPX Ruling
It took two years and a last-minute substitution of judges for the U.S. Patent and Trademark Office (USPTO) to rule that RPX Corp. was too close to a dues-paying member to bring a patent validity challenge.
Features
A Look at the EU's Latest Proposal for Regulating Online Content
The DSA is intended to reset the rules around online content moderation and to reframe the responsibility of platforms for illegal content uploaded to their websites.
Columns & Departments
IP News
Federal Circuit: Post-Employment Assignment Clause Void Under California Law Federal Circuit No New Trial for Improper "Pennies on the Dollar" Rhetoric
Features
Unseating Inelegant Notions of Product Design Functionality
In Blumenthal Distributing, Inc. v. Herman Miller, Inc., the 9th Circuit considered whether or not the or not the best-selling piece of furniture ever is functional.
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