The U.S. Supreme Court issued its long-awaited decision in Mission Product Holdings, Inc. v. Tempnology , ruling that a trademark licensee can retain its rights under a trademark license agreement that is rejected by the licensor as an executory contract in bankruptcy.
The DOJ's intervention, and the judge's ultimate decision, has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.
In the last five years, the courts have instead began wading into policy setting without the tools and resources to fully consider all the issues and various interests. Thus, the recent congressional efforts to consider these questions is welcome and, frankly, overdue.
Fifteen states had argued that they and their public universities shouldn't have to expose their patents to validity review at the patent trial and appeal board.
Federal Circuit Finds District Court Erred in Analysis of Motivation to Combine Prior Art References, Yet Affirms Ultimate Conclusion of Non-obviousness Due to the Lack of a Reasonable Expectation of Success
Federal Circuit Rules that Issue Preclusion Bars a Party from Arguing in an Appeal of an Inter Partes Review Decision an Issue Previously Decided in Another Inter Partes Review Proceeding that Was Not Appealed
Since the U.S. Supreme Court decided Mayo and Myriad, the Federal Circuit has expanded the holdings and invalidated more patents directed to biological discoveries. If the newly discovered correlations and properties of what is found in nature cannot be patented, what strategies for protection are left for companies doing biological research?
Two recent circuit court cases clarified copyright infringement of photographs on the Internet. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.
Stanford Law School made available to the public a database of every patent lawsuit that's been filed since 2007.
IP theft is not limited to kingpins of business. Even if your organization has never appeared in the headlines, you cannot rest easy that no one is interested in acquiring your know-how. In fact, analysis the results of our survey for the 2018 Netwrix IT Risks Report reveals that small and medium organizations are actually more vulnerable to IP theft and cyber espionage than enterprises.
