Features

The Joke is in the Bag! Parody at the Federal and TTAB Levels
On Feb. 13, 2017, the eve of Valentine's Day, the Second Circuit Court of Appeals extended no love to Louis Vuitton, effectively asserting that it would not rehear the infringement suit against My Other Bag, Inc., denying the en banc request in a brief order.
Features

Where Does Judge Gorsuch Fall on IP?
<b><i>The SCOTUS Nominee's Opinions Don't Appear to Favor Alleged Intellectual Property Infringers or Owners</b></i><br>Over the 10 years that he has served on the U.S. Court of Appeals for the Tenth Circuit, Gorsuch's decisions in intellectual property disputes have reflected a close attention to statutory text and a preference for narrow results that hew closely to precedent.
Columns & Departments
IP News
Federal Circuit Affirms Grant of a Preliminary Injunction Despite PTAB's Final Written Decision<br>Federal Circuit: Proving Derivation Requires a Showing That All Limitations Were Conceived and Communicated
Features

How Much Did the Federal Circuit Narrow Eligibility for Covered Business Method Review?
In November of last year, the Federal Circuit narrowed the types of patents eligible for covered business method review in <i>Unwired Planet, LLC v. Google Inc.</i> The court's decision narrowed what patents are eligible for CBM review, and provided some guidance for future cases.
Features

Amending Patent Claims in Post-Grant Trial Proceedings
<b><i>What You Need to Know</i></b><br>The America Invents Act gave patent owners the right to move to amend their patent claims. To date, however, this right has been more illusory than real. Given their dismal success rate so far, many hope that the tide will turn in favor of granting more motions to amend.
Features

Copyright Challenge to 'We Shall Overcome' Proceeds
As 2017 commences, political protest against injustice is as relevant as ever in the United States. At the same time, a lawsuit concerning the copyright rights to the powerful anthem We Shall Overcome may proceed to trial. In November 2016, the case survived a motion to dismiss the copyright infringement claims.
Features

Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies<br><font size="-1"><b><i>Part 2: Decisions Since</i> Akamai <i>and Practice Insights</b></i></font>
Reviews the recent Federal Circuit <i>Eli Lilly</i> case as well as district court cases that have interpreted the new standard and identifies prosecution and litigation strategies for practicing post-<i>Akamai</i><p>
Features

Presidential Cybersecurity Handoff
Given the pending change in administration and uncertainty around President-elect Trump's priorities on cybersecurity, an analysis of the current federal cyber landscape may yield insights into how the next administration might prioritize their approach on this important front.
Features

Trademark Board Amends Its Rules of Practice
Entertainment and intellectual property practitioners and businesses should take note of these changes, as they directly inform the manner in which these matters will be handled moving forward and could potentially affect outcomes.
Features

Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies
This two-part article aims to deconstruct the new joint infringement standard, provide insight into how the standard might be interpreted and provide practice tips for prosecution and litigation. Part 1 chronicles the <i>Akamai</i> cases that ultimately resulted in a new standard for joint infringement and explores the potential interpretations of that standard.
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