Features
Emerging Issues In the DTSA's Second Year
One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The less than 70 reported DTSA cases to date provide an early glimpse into how courts may interpret the statute going forward and what early concerns about the statute may have been exaggerated.
Features
Fourth Circuit to Weigh ISP Copyright Liability for Peer-to-Peer File Sharing by Subscribers
The Fourth Circuit Court of Appeals is gearing up to hear argument in <i>BMG Rights Management v. Cox Communications</i>, one of the first attempts by the music industry to hold an ISP liable for unauthorized peer-to-peer file sharing by its subscribers.
Columns & Departments
IP News
PTAB Did Not Deny Procedural Due Process By Adopting a Claim Construction not Offered by the Parties During IPR<br>USPTO Did Not Exceed Authority in Granting Inter Partes Reexamination after Requester Sought to Have It Denied
Features
USPTO Continues to Demand Attorneys' Fees for District Court Appeals
Starting in 2013, the USPTO has been requesting reimbursement for the time spent by its attorneys and paralegals on district court challenges to PTAB and TTAB decisions.
Features
What 'Originalist' Viewpoints May Mean for Patent Law
The landscape for patent law has changed more quickly over the last five years than it had in preceding decades. Recent cases have profoundly changed the way courts and the USPTO treat patents and patent applications. The U.S. Supreme Court will have ample opportunity, if it chooses, to revisit the issues that have been raised by these cases over the next few terms.
Columns & Departments
IP News
District Court's Decision Retroactively Excusing Failure to Mark Patented Products Vacated By Federal Circuit<br>Federal Circuit Affirms PTAB's Unpatentability Findings Made In an IPR Proceeding Despite Prior Judicial Opinions Upholding Validity
Features
Supreme Court Rules on Design of a Useful Article
Fashion, furniture, and other design-oriented companies will take note of the Supreme Court's recent decision in <i>Star Athletica, L.L.C. v. Varsity Brands, Inc.</i>, which resolved a division among the federal circuits on the issue of the separability of designs of useful articles under the Copyright Act.
Features
Supreme Court May Preserve EDTX Grip on Patent Cases
The U.S. Supreme Court did not appear eager to upset the patent litigation landscape by drastically limiting where infringement lawsuits can be filed.
Features
Extraterritorial Jurisdiction of IP Laws
Recent U.S. cases have created benchmarks of patent, trademark, copyright, and trade secret liability for foreign activity, and businesses should take heed.
Features
Untangling the Mystery of Cybersecurity Insurance
IT security professionals used to warn that only two types of businesses exist: those that have been hacked, and those that will be. Now, many are even more pessimistic, and divide the world's businesses into companies that know that they have been hacked, and those that don't. Law firms are juicy targets with all the personal identifiable information (PII) contained in client files. Intellectual property practices are especially attractive to cyber thieves because of the value of patent, trademark and trade secret information.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
