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Intellectual Property

  • The recent In Re Rembrandt Technologies decision is a reminder of both the potential consequence of a patent holder's disingenuous assertion of unintentionality and the challenges that defendants face when raising the improper filing of a petition to revive a lapsed patent as a defense.

    October 01, 2018Scott D. Locke
  • Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?

    October 01, 2018Robert W. Clarida and Robert J. Bernstein
  • A look at several unique trademark cases where the plaintiff fashion brand proactively sought to invalidate a competitor's non-traditional trademarks, an action which reflects a push back on increasingly aggressive litigation tactics by fashion brands seeking to blur the lines between a non-protectable fashion trend and a protectable trademark.

    October 01, 2018Olivera Medenica
  • The USPTO announced revisions to PTAB procedures that formalize Andrei Iancu's control over the 250 administrative patent judges and their policy-making, while making that control more transparent.

    October 01, 2018Scott Graham
  • Federal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness
    Federal Circuit: Framework for 'Overlapping Cases' Applies in IPR

    October 01, 2018Howard Shire and Adam Fischer
  • Over the summer, a divided panel of the Ninth Circuit affirmed the denial of a new trial motion and an order denying rehearing en banc in Williams v. Gaye. We now consider whether the final affirmance of the jury verdict in favor of Marvin Gaye's heirs is likely to wreak havoc on musical creativity as some, including the dissent, have argued. For us, the short answer is no.

    September 01, 2018Robert J. Bernstein and Robert W. Clarida
  • Disney Enterprises has been handed a setback in an ill-conceived lawsuit: Going after people who dress up as Disney-owned characters like Elsa from Frozen or Chewbacca from Star Wars to perform at children's birthday parties.

    September 01, 2018Jenna Greene
  • Advances in UI Design Can Provide Key Competitive Differentiation and Advantage, Which Makes Protecting Them Critically Important from a Business Perspective

    Advances in UI design can also provide key competitive differentiation and advantage, helping to distinguish otherwise commoditized products and services such as computers, Web services, wearables, and appliances. Given this advantage, protecting advances in UI design can also be critically important from a business perspective.

    September 01, 2018Lawrence H. Aaronson and James L. Korenchan