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PTAB Did Not Deny Procedural Due Process By Adopting a Claim Construction not Offered by the Parties During IPR
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By Jeffrey A. Pade and Anand B. Patel
Part One of a Three-Part Series
When the international theft of U.S. trade secrets escalated and became a higher priority for domestic entities, trade secrets owners faced difficult challenges in collecting evidence, pursuing civil actions against overseas actors, and successfully obtaining worthwhile and meaningful relief from civil actions alone. These challenges ultimately resulted in increased referrals, investigations, and prosecutions of trade secrets theft under the EEA by federal authorities.
By George Chen, Cory Smith and Ryan Fitzpatrick
Practitioners and non-practitioners that are associated with the examination of patents and patent applications should be vigilant about information that may be material to patentability to avoid having an issued patent be deemed unenforceable.
By Eric Alan Stone and Catherine Nyarady
In the October 2022 Term, the Supreme Court is set to decide whether courts assessing transformativeness under the first fair-use factor of the Copyright Act may consider “the meaning of the accused work where it ‘recognizably deriv[es] from’ its source material.” The case may profoundly affect the fair use analysis, and in turn, the scope of copyright protection for many works.
By Alfred S. Lurey
A recent bankruptcy case from the District of Delaware underscores the need for a trademark licensor to be alert to filings made in its licensee’s bankruptcy case that may require prompt action by the licensor to protect its valuable rights under a license agreement.