When Is Equity Value Really Zero?
Matrimonial attorneys are often confronted with a listed equity asset that, at least according to the client, "isn't worth anything." So how do we approach this dilemma?
IP News
Federal Circuit Upholds Permanent Injunction in 'Design Win' Market <br>Federal Circuit Upholds Inequitable Conduct Ruling<br>EFF Files for <i>Inter Partes</i> Review of Podcasting Patent
It's a Licensee Eats Licensee World
These days, it is commonplace for companies to license multiple parties in various distinct geographical areas to use the same trademark. Because different licensees may be competitors of one another in different product lines, the question often arises as to whether one licensee may challenge another's right to use a licensed mark and, if so, where.
<i>TecSec v. IBM</i>: The (Not-So) Reaching Impact of Rule 36 Affirmances
In <i>TecSec, Inc. v. IBM Corp., et al.</i>, the Federal Circuit explained the effect of Federal Circuit Rule 36, under which the Federal Circuit may "enter a judgment of affirmance without opinion" if certain conditions are met. Fed. Cir. R. 36. The decision highlights the impact of a Rule 36 affirmance on related issues in subsequent litigation, particularly where the Federal Circuit summarily affirms a district court decision that is based on multiple, independent grounds.
<i>Inter Partes</i> Reviews
In September of last year, the America Invents Act introduced a number of powerful tools for challenging the validity of an issued patent at the USPTO ' Inter Partes Review (IPR), Covered Business Method Review (CBMR), and Post-Grant Review (PGR). By a large margin, however, the most popular of these procedures has been the IPR.
In the News
Federal Circuit Nixes Insurance Claims Under Section 101 <br>Federal Circuit: Clarification of Injunction Terms Not Appealable
Spotlight on 3D Printing: Intellectual Property
3D printing technology, also known as additive manufacturing, is nothing new. It has been used for decades by designers and engineers. But the technical capabilities that make 3D printing technologies so useful likely will facilitate intellectual property infringement.
Why Not Throw in the Design of the Kitchen Sink?
When it comes to seeking patent protection for a new product, companies are often faced with a dilemma: delay patent filings until the product has proven commercial value, or gamble substantial resources trying to create a portfolio of utility and design patents for a product that may not be successful?
Appeals by the Numbers
Two of the main substantive causes for refusals of U.S. federal trademark applications are descriptiveness refusals (under Section 2(e) of the Lanham Act, and likelihood of confusion refusals (under Section 2(d)) of the Act.
Maddeningly Mismated Matches
In paired opinions rendered the same day by the same judge, the Ninth Circuit reached seemingly directly contrary conclusions in virtually identical cases concerning the balancing of intellectual property rights and First Amendment interests.
