Features

When Alice Leaves Software in Wonderland: Review the Terms of Use
That least-read contract — the Terms of Use — can be an effective (albeit the last) weapon in the arsenal of a company trying to protect unpatented software technology while providing on-line services.
Columns & Departments
IP News
SCOTUS Confirms that Secret Sales Continue to Qualify as Prior Art Under the AIA<br>New York District Judge Extends Estoppel Under §315(e) to Grounds Not Raised in Petition for <i>Inter Partes</i> Review
Features

11th Circuit Weighs in on Intersection of Lanham Act and FDCA Protein Powder Labeling Requirements
A battle between two dietary supplement manufacturers has revived interested in the intersection between the Lanham Act and federal labeling regulations. The issue: can an advertiser challenge a competitor's product label for false advertising under the Lanham Act if it complies with applicable federal regulations?
Features

The USPTO Brings New Guidance to the Section 101 Quandary
<b><i>Part Two of a Two-Part Article</b></i><p>USPTO Attempts to Provide Greater Clarity for Patent-Eligible Subject Matter
Columns & Departments
IP News
Kapoor v. National Rifle Association of America
Columns & Departments
Book Releases
The Essential Guide to Entertainment Law: Intellectual Property<br>The Essential Guide to Entertainment Law: Dealmaking
Features

Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity
Part One of a Two-Part Article Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.
Features

Use of Arbitration In Place of Inter Partes Review Proceedings
An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners.
Columns & Departments
IP News
Obviousness-Type Double Patenting Does Not Invalidate Section 156 Patent Term Extension <br>Federal Circuit Holds Assignor Estoppel Does Not Apply in IPR Context<br>Federal Circuit Reverses District Court Holding of Patent Ineligibility of Computer Security Patent
Features

An Overview of Recovering Trademark Infringement Damages
This article discusses recovering damages for trademark infringement and various strategies for establishing those damages.
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