Intellectual Property

  • 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.

    April 02, 2017Sean B. Cooney

  • Supreme Court Ends Laches Defense in Patent Cases

    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

  • 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.

    March 02, 2017Jennifer Ashton and Erin Hennessy

  • Where Does Judge Gorsuch Fall on IP?

    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

  • IP News

    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

  • Amending Patent Claims in Post-Grant Trial Proceedings

    What You Need to Know
    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.

    February 01, 2017Cynthia Lambert Hardman

  • 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.

    February 01, 2017Kyle-Beth Hilfer