Latest "Intellectual Property & Technology" Category Blog Posts

• Blog: Intellectual Property & Technology
  Date: April 02, 2020 Title: Smooth Sailing for States to Infringe Copyrights
  Summary: The U.S. Supreme Court recently ruled 9-0 that a 1990 law intended to provide a means of redress against States that commit copyright infringement is unconstitutional as written, and that sovereign immunity shields States from being held liable for copyright infringement. Though most copyright owners do not have to worry about States infringing their works, the facts of the case offer an important insight that all owners of any IP should note....
• Blog: Intellectual Property & Technology
  Blog: Products Liability
  Date: March 31, 2020 Title: New York Judge Holds Additional Clinical Trial Results Must Be Reported to Public FDA Database
  Summary: A district court in New York has ruled that drug and clinical trial sponsors cannot avoid their obligation to submit “basic results” about the outcome of trials for approved products between September 27, 2007, when a statute requiring publication of this information on ClinicalTrials.gov went into effect, and January 18, 2017, when regulations finally went into effect to implement the statute. ...
• Blog: Intellectual Property & Technology
  Date: March 25, 2020 Title: PTAB Cannot Permit Self-Joinder or Issue-Joinder and POP Statutory Constructions Receive No Deference
  Summary: The Federal Circuit ruled the Patent Trial and Appeals Board (PTAB) cannot permit a party to join itself as a party to its own existing inter partes review (IPR) petition and cannot permit adding new time-barred issues to an old petition by joinder. ...
• Blog: Intellectual Property & Technology
  Blog: COVID-19 Response Resource Center
  Date: March 23, 2020 Title: Trademark Registrations Are No Place For Pandemic Opportunism
  Summary: Major cultural and world events, along with even goofy tweets, often give rise to a run on the trademark office by those hoping to strike it rich through being the first to monopolize a phrase. No one ever gets rich from this tactic and these antics only illustrate the profound misunderstanding most of the populace has about what a trademark is....
• Blog: Intellectual Property & Technology
  Date: March 20, 2020 Title: The Dominos Have Started to Fall After Landmark “Stairway to Heaven” Copyright Ruling
  Summary: One of the biggest rulings in music copyright law was recently issued by an en banc panel of the Ninth Circuit Court of Appeals and its impact has already been felt in another high-profile case. The decision in Skidmore v. Led Zeppelin (Ninth Circuit No. 16-56057, Issued March 9, 2020) marked what will certainly be seen by copyright scholars as a watershed moment. ...
• Blog: Intellectual Property & Technology
  Date: March 17, 2020 Title: Inequitable Conduct or Experimentation: Long Live Inequitable Conduct?
  Summary: The Federal Circuit recently found a litigant guilty of inequitable conduct in circumstances that should give pause to inventors who want to share their ideas for the purpose of experimentation before making a patent application. ...
• Blog: Intellectual Property & Technology
  Date: February 14, 2020 Title: Trademark Update: New USPTO Rules Include Widely Criticized Applicant Email Requirements
  Summary: Effective February 15, 2020, the United States Patent and Trademark Office (USPTO) will adhere to new trademark examination guidelines. The most significant for most trademark practitioners are the new email and specimen requirements....
• Blog: Intellectual Property & Technology
  Date: December 19, 2019 Title: An Overview of U.S. Design Rights – Infringement & Enforcement, Part 2 of 2
  Summary: In our previous post, we identified the types of design rights infringement that are actionable. In this part, we will cover the different types of remedies available to rights owners and defenses available to accused infringers....
• Blog: Intellectual Property & Technology
  Date: December 17, 2019 Title: An Overview of U.S. Design Rights – Infringement & Enforcement, Part 1 of 2
  Summary: This two-part blog series provides a primer on the different types of design rights in the United States and their enforcement. Part I will review the various types of infringement, and Part II will address remedies available to rights owners and defenses available to accused infringers. These posts are based on a paper and presentation delivered at the AIPLA’s Design Rights Boot Camp Conference in August 2019....
• Blog: Intellectual Property & Technology
  Date: December 13, 2019 Title: Design Patents 101 – Part 2 of 2
  Summary: This is the second installment of a two-part series on design patents. This part will discuss the design application process and briefly touch on the prosecution of such applications...