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Intellectual Property & Technology

Intellectual Property & Technology Practice

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Who May Petition for Post-Grant Review Under The AIA? Posted on: April 20, 2020 In: Intellectual Property & Technology
Under the America Invents Act of 2011 (AIA), any “person” other than the patent owner may challenge the patent owner’s patent(s) through post-grant review before the Patent Trial and Appeal Board. The patent statutes do not specifically define the term “person.” The presumption is that the term “person” does not include the federal government and its agencies.
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Tags:
patent law, ptab, america invents act, post-grant review, patents
Smooth Sailing for States to Infringe Copyrights Posted on: April 02, 2020 In: Intellectual Property & Technology
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.
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Tags:
supreme court, copyright, infringement, crca, sovereign immunity, pirate ship
New York Judge Holds Additional Clinical Trial Results Must Be Reported to Public FDA Database Posted on: March 31, 2020 In: Intellectual Property & Technology
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.
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Tags:
fda, clinical trials, hhs, patent law, products liability
PTAB Cannot Permit Self-Joinder or Issue-Joinder and POP Statutory Constructions Receive No Deference Posted on: March 25, 2020 In: Intellectual Property & Technology
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.
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Tags:
federal circuit, inter partes review, patent law, ptab, facebook
Trademark Registrations Are No Place For Pandemic Opportunism Posted on: March 23, 2020 In: Intellectual Property & Technology
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.
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Tags:
trademark law, coronavirus, trademark application, super bowl, covid-19
The Dominos Have Started to Fall After Landmark “Stairway to Heaven” Copyright Ruling Posted on: March 20, 2020 In: Intellectual Property & Technology
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.
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Tags:
copyright, music, 9th circuit, led zeppelin, katy perry
Inequitable Conduct or Experimentation: Long Live Inequitable Conduct? Posted on: March 17, 2020 In: Intellectual Property & Technology
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.
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Tags:
uspto, patent law, patent application, experimentation, inventor
Trademark Update: New USPTO Rules Include Widely Criticized Applicant Email Requirements Posted on: February 14, 2020 In: Intellectual Property & Technology
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.
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Tags:
trademark, uspto, trademark application, email, specimens
An Overview of U.S. Design Rights – Infringement & Enforcement, Part 2 of 2 Posted on: December 19, 2019 In: Intellectual Property & Technology
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.
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Tags:
design rights, infringement, patents, trade dress, copyright
An Overview of U.S. Design Rights – Infringement & Enforcement, Part 1 of 2 Posted on: December 17, 2019 In: Intellectual Property & Technology
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.
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Tags:
design rights, infringement, patents, trade dress, copyright
Design Patents 101 – Part 2 of 2 Posted on: December 13, 2019 In: Intellectual Property & Technology
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
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Tags:
design patent, patents, patent application, patent law
Design Patents 101 - Part 1 of 2 Posted on: December 11, 2019 In: Intellectual Property & Technology
This two-part blog series provides a primer on design patents and is based on a presentation delivered at the AIPLA Design Rights Boot Camp in August 2019). Part I will cover the basics of design patents and compare them to other IP protections, such as trademark and copyright.
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Tags:
design patent, patents, utility patent, trademark, copyright

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