Features
Ben Hancock
The European Commission (EU) is ramping up pressure on tech companies to more aggressively use automated filtering to scrub "illegal" content from the Internet, a move that is drawing criticism from some lawyers and free speech activists in Silicon Valley.
Features
Adam C. Rogoff, Erica D. Klein
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Marsha Sukach
Various debt-burdened retailers are looking to their intellectual property assets as a source of untapped value for refinancing transactions. While it remains to be seen which strategies will be most successful, IP assets will play a key role in future retail restructurings.
Columns & Departments
Jeff Ginsberg
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George Soussou
Federal Circuit: Collateral Estoppel Can Apply to Patents With Claims Similar To Those in Previously Litigated<br>Federal Circuit Uses 'Rule of Reason' To Determine Patent Owner Had an Early Reduction to Practice
Features
Marcus S. Harris
Registering and protecting product designs is challenging. Preliminarily, trade dress cannot be registered or protected as a trademark if it is functional — if it is “essential to the use or purpose of the article or it affects the cost or quality of the article.”
Features
Karen Levin, Ariel Ronneburger
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Damias Wilson
Because there are so many new digital channels for possible intellectual property infringement, knowledge of the various mechanisms available to combat the issue is vital to enabling entertainment industry owners to protect their brand.
Features
Amy Proctor
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Molly Russell
<b><i>Split Federal Circuit Declined to Reconsider Panel's Decision that Lost Profits Based on the</i> Panduit <i>Factors Are Fully Apportioned</b></i><p>On Sept. 1, 2017, a split Federal Circuit declined to rehear a panel decision in <i>Mentor Graphics Corp. v. EVE-USA, Inc.</i>, a case that could have significant implications for lost profit damages and apportionment.
Features
Qualcomm Inc. lost two pretrial skirmishes last month in its patent and antitrust battle against Apple Inc. — in just about every way imaginable.
Features
Susan Perng Pan
U.S. Patent Office statistics show that the PTAB has found at least one claim of a challenged patent to be unpatentable in over 80% of IPRs. Given these odds, and the fact that institution of an IPR is not appealable, a patent owner's best shot at preserving its patent rights intact is to defeat institution of the IPR trial in the first instance.
Features
Zach Warren
<b><i>With Massive Jury Rewards and the DTSA Encouraging Federal Litigation, Trade Secrets Litigation Is Seeing a Surge in the Tech Industry</b></i><p>These days, many of the big IP litigation battles involving companies like Facebook, Uber, and Epic, have nothing to do with patents, trademarks or copyrights at all. Instead, it's all about the perhaps forgotten part of IP: trade secrets.
Columns & Departments
Howard J. Shire
Federal Circuit Throws Out District Court's Test for “Place of Business” for Purposes of Determining Venue in Patent Cases
