The Patent Trial and Appeal Board (PTAB) recently denied a request for a post-grant review of a design patent that relied on evidence from social media, casting doubt on the ability to use such evidence when attempting to invalidate patents.
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PTAB Denies Post-Grant Review Request That Relied on Social Media Evidence Posted on: February 04, 2019 In: Intellectual Property & Technology
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Huawei Trade Secrets Indictment is Cautionary Tale for Tech Partnerships Posted on: January 29, 2019 In: Intellectual Property & Technology
In a case that will be watched closely by both national security personnel and intellectual property counsellors in the United States and China, federal prosecutors unsealed a 10-count indictment in the Western District of Washington State on Thursday, January 28, 2019 against Huawei Device Company Ltd. and Huawei Device Company, U.S.A. Huawei is the largest supplier of telecom equipment in the world and the indictment charges the company with theft of trade secrets conspiracy, attempted theft of trade
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Supreme Court Rules that AIA Did Not Alter the On-Sale Doctrine Posted on: January 24, 2019 In: Intellectual Property & Technology
The U.S. Supreme Court recently ruled that the phrase “or otherwise available to the public” added to 35 U.S.C. § 102 in the America Invents Act in 2011 did not change the “on-sale” doctrine, which provides that patent protection cannot be granted for an invention that was on-sale more than one year before the effective filing date of the patent.
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Copyright First Sale Doctrine Inapplicable to “Used” Digital Music: Second Circuit Posted on: January 24, 2019 In: Intellectual Property & Technology
Copyright law’s First Sale Doctrine is the foundation of the music resale business. This doctrine mandates that a lawful purchaser of a copy of a copyrighted work is free to resell that particular copy without infringing the copyright holder’s distribution rights. he digital music resale business, however, was recently presented with a serious obstacle by a Second Circuit decision.
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Preserving Patent Rights on a Global Stage: Foreign Filing Options and How to Successfully Navigate Novelty Requirements Posted on: January 17, 2019 In: Intellectual Property & Technology
Patent applicants often wish to expand patent protection by filing outside the U.S. These applicants can take advantage of a few options – direct filing, filing through the PCT, and regional filings. But, prior public disclosure of an invention could be an insurmountable hurdle that may prevent applicants from achieving their goals.
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The Other Shoe Drops: CA Appellate Court Holds Non-Solicitation of Employees Restrictions Also Unenforceable Posted on: December 21, 2018 In: Intellectual Property & Technology
Since 2008, California courts have refused to enforce non-solicitation of customer provisions in employment contracts. On November 1, 2018, in AMN Healthcare, Inc. v Aya Healthcare Services, Inc., the California Court of Appeal for the Fourth Appellate District expanded this concept to include non-solicitation of employees restrictions (also known as anti-raiding provisions) as well.
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“Blurred Lines” Final Judgment May Signal Paradigm Shift for Entertainment Copyright Law Posted on: December 19, 2018 In: Intellectual Property & Technology
In March 2018, the Ninth Circuit Court of Appeals rendered a landmark decision in the copyright infringement litigation surrounding Pharrell Williams and Robin Thicke’s song, “Blurred Lines.” The appellate court upheld a 2015 jury verdict finding that ”Blurred Lines” infringed Marvin Gaye’s copyright to the 1977 hit “Got to Give it Up” because the two songs were too similar.
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Federal Circuit Warns Patent Holders to Reconsider Cease and Desist Letters Posted on: December 11, 2018 In: Intellectual Property & Technology
Sending a cease and desist letter to a patent infringer should never be taken lightly. In particular, patent-related demand letters can have a profound impact on both substantive and procedural strategic decisions. In its recent decision in Jack Henry & Associated et al v. Plano Encryption Technologies, LLC, the Federal Circuit determined that the mere sending of a cease and desist letter could force the sender to litigate the issues outlined in the letter in the home court of the accused infringer.
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2018 in review – Inter Partes Review Developments, Part 2 of 2 Posted on: December 11, 2018 In: Intellectual Property & Technology
Following the Oil States decision in which the Supreme Court invoked the public rights doctrine to protect the Patent Trial and Appeal Board’s (PTAB) authority to invalidate patents by inter partes review (IPR), the Federal Circuit used a similar line of reasoning to determine whether tribal sovereign immunity could bar this form of patent review.
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2018 in review – Inter Partes Review Developments, Part 1 of 2 Posted on: December 07, 2018 In: Intellectual Property & Technology
In one of the most heavily anticipated, and in some ways controversial, decision of the year, the Supreme Court ruled in Oil States Energy Services v. Green’s Energy Group to uphold the Patent Trial and Appeal Board’s (PTAB) authority to invalidate patents by inter partes review.
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Welcome to Lewis Brisbois’ IP & Technology Law Blog Posted on: December 05, 2018 In: Intellectual Property & Technology
The realm of Intellectual Property and Technology law can be tough to keep up with. The 10 millionth US patent was issued in June 2018. Valuable IP and strong branding are coveted business assets for both established and start-up companies, nationally and internationally. In recent years, the amount of IP and patent litigation has soared, and the rapid pace of technological development will only see these cases increase as companies seek to protect and defend their creative assets.
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