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Intellectual Property

  • Fashion, furniture, and other design-oriented companies will take note of the Supreme Court's recent decision in Star Athletica, L.L.C. v. Varsity Brands, Inc., which resolved a division among the federal circuits on the issue of the separability of designs of useful articles under the Copyright Act.

    May 01, 2017Samantha Barber
  • Recent U.S. cases have created benchmarks of patent, trademark, copyright, and trade secret liability for foreign activity, and businesses should take heed.

    April 02, 2017Andrew P. MacArthur and Ralph A. Dengler
  • 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.

    April 02, 2017Sean B. Cooney
  • SCA Hygiene Products v. First Quality Baby Products

    The U.S. Supreme Court on March 21 ruled laches is not a defense to patent infringement suits that are brought within the Patent Act's limitations period.

    April 01, 2017Scott Graham
  • 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.

    March 02, 2017Jennifer Ashton and Erin Hennessy
  • The SCOTUS Nominee's Opinions Don't Appear to Favor Alleged Intellectual Property Infringers or Owners
    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.

    March 02, 2017Howard S. Hogan and Lucas C. Townsend
  • Federal Circuit Affirms Grant of a Preliminary Injunction Despite PTAB's Final Written Decision
    Federal Circuit: Proving Derivation Requires a Showing That All Limitations Were Conceived and Communicated

    March 02, 2017Jeffrey S. Ginsberg and Abhishek Bapna