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We found 1,293 results for "The Intellectual Property Strategist"...

The PTAB's New Claim Construction Standard: Will the Real Impact Please Stand Up
November 01, 2018
Beginning on Nov. 13, 2018, the USPTO will cease to apply the broadest reasonable interpretation (BRI) standard for newly-filed IPR, PGR, and CBM trials under the America Invents Act (AIA). Instead, the USPTO will begin "using the same claim construction standard that would be used to construe the claim in a civil action …."
Alleging the Existence of a Trade Secret in a Misappropriation Case
November 01, 2018
<b><i>The Detail Dilemma</b></i><p>How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court's viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.
The 'New NAFTA' and How It Will Affect Intellectual Property Law
November 01, 2018
The stage is set for the 24-year-old north American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA), which has implications for intellectual property, to take its place.
IP News
November 01, 2018
Obviousness Determination Can Be Different for Apparatus and Method Claims<br>Petitioner “Bears the Burden” On Demonstrating Real Parties in Interest
The High Bar for Challenging an Improperly Revived Patent
October 01, 2018
The recent <i>In Re Rembrandt Technologies</i> decision is a reminder of both the potential consequence of a patent holder's disingenuous assertion of unintentionality and the challenges that defendants face when raising the improper filing of a petition to revive a lapsed patent as a defense.
Fair Use, First Sale and Marilyn Monroe
October 01, 2018
Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?
Non-Traditional Trademarks: The Elusiveness of Branding a Trend
October 01, 2018
A look at several unique trademark cases where the plaintiff fashion brand proactively sought to invalidate a competitor's non-traditional trademarks, an action which reflects a push back on increasingly aggressive litigation tactics by fashion brands seeking to blur the lines between a non-protectable fashion trend and a protectable trademark.
PTO Gives Iancu More Control over PTAB Precedents
October 01, 2018
The USPTO announced revisions to PTAB procedures that formalize Andrei Iancu's control over the 250 administrative patent judges and their policy-making, while making that control more transparent.
IP News
October 01, 2018
Federal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness<br>Federal Circuit: Framework for 'Overlapping Cases' Applies in IPR
The Price to Pay for De Novo Review of PTO Decisions
September 01, 2018
<b><i>NantKwest v Iancu</b></i><p>The Federal Circuit sitting <i>en banc</i> reversed its own prior ruling and held that “all expenses of the proceeding” does not include attorneys' fees.

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  • Internet Goods and Product Liability
    The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
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  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations &mdash; keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization &mdash; such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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