SCOTUS Confirms that Secret Sales Continue to Qualify as Prior Art Under the AIA
New York District Judge Extends Estoppel Under §315(e) to Grounds Not Raised in Petition for Inter Partes Review
March 01, 2019Jeffrey S. Ginsberg
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?
February 01, 2019Kyle-Beth HilferPart Two of a Two-Part Article
USPTO Attempts to Provide Greater Clarity for Patent-Eligible Subject Matter
February 01, 2019Susan M. Gerber and A. Patricia CampbellKapoor v. National Rifle Association of America
February 01, 2019Howard Shire and Christine WellerThe Essential Guide to Entertainment Law: Intellectual Property
The Essential Guide to Entertainment Law: DealmakingFebruary 01, 2019ssalkinPart 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.
January 01, 2019Susan M. Gerber and A. Patricia CampbellAn IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners.
January 01, 2019David L. NewmanObviousness-Type Double Patenting Does Not Invalidate Section 156 Patent Term Extension
Federal Circuit Holds Assignor Estoppel Does Not Apply in IPR Context
Federal Circuit Reverses District Court Holding of Patent Ineligibility of Computer Security PatentJanuary 01, 2019Jeff Ginsberg and Hui LiThis article discusses recovering damages for trademark infringement and various strategies for establishing those damages.
December 01, 2018Marcus Harris and Ryan BurandtWith Canada's agreement, the stage was set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.Among the provisions of note for the entertainment industry, copyright will receive a boost from the USMCA.
December 01, 2018Lawrence E. Ashery
