Antonia Sequeira

Antonia Sequeira

Fenwick & West LLP

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Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

2/25/2014 - America Invents Act Beastie Boys CLS Bank v Alice Corp Copyright Covered Business Method Patents EU European Commission Fair Use First-to-File First-to-Invent GoldieBlox Inter Partes Review Proceedings Irreparable Harm Patents Post-Grant Review PTO SCOTUS STEM Trade Secrets Trademark Litigation

Electronic Transfer of Copyright Approved by Fourth Circuit

The Fourth Circuit has confirmed what many copyright holders have long hoped was true: That copyright interests can be validly transferred through electronic means, despite language in the 1976 Copyright Act requiring that...more

10/4/2013 - Copyright E-SIGN Infringement Photographs The Copyright Act

Intellectual Property Bulletin - Summer 2013: ICANN Set to Launch New Generic Top-Level Domains: Understanding the Nuts and Bolts

The universe of generic top-level domains (gTLDs), currently limited to about a dozen such as .com, .net, and .org, will expand this year, as some of the more than 1,000 potential new gTLDs are rolled out. Businesses may want...more

10/3/2013 - Brand gTLD ICANN Trademark Clearinghouse Trademarks

Intellectual Property Bulletin - Summer 2013: Federal Circuit Holds That Failure to Abide by NDA Confidentiality Designation...

Prior to discussing or exchanging proprietary information with one another, companies frequently enter into non-disclosure agreements (NDAs) to afford protections beyond what they would otherwise be entitled to under their...more

10/2/2013 - Confidentiality Misappropriation Non-Disclosure Agreement Trademarks Uniform Trade Secrets Acts

Intellectual Property Bulletin - Summer 2013: Nash Bargaining Solution and Patent Damages: A 50 Percent “Rule of Thumb”?

The Federal Circuit rejected the use of the 25 percent “rule of thumb” as a basis for establishing a reasonable royalty in the Uniloc case in 2011. Uniloc USA, Inc. v. Microsoft Corp., 632 F.3d 1292 (Fed. Cir. 2011). Since...more

10/1/2013

Intellectual Property Bulletin - Summer 2013

January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more

9/26/2013 - Advertising Calculation of Damages CLS Bank CLS Bank v Alice Corp Computer-Related Inventions Copyright Criminal Prosecution Damages gTLD ICANN Infringement Internet Non-Disclosure Agreement Patent-Eligible Subject Matter Patents Payment Processors PIPA Piracy Proposed Legislation Royalties SOPA Trade Secrets Trademark Clearinghouse Trademarks Ultramercial v Hulu

Intellectual Property Bulletin - Spring 2013: Revisiting Generic Top-Level Domains

As expected, there has been great initial interest in generating the new generic top-level domains, or gTLDs, that are poised to add variety to the conventional .com, .org, and .net domains that have dominated the Internet...more

7/1/2013 - gTLD ICANN Trademark Clearinghouse Trademarks

Intellectual Property Bulletin - Spring 2013: A Victory for the DMCA Storage Safe Harbor; a Pyrrhic Victory for Veoh

The Ninth Circuit ruled recently that the safe harbor provisions of the Digital Millennium Copyright Act (DMCA) shielded a video-sharing website from copyright infringement liability. In UMG Recordings, Inc. v. Veoh Networks,...more

6/28/2013 - Copyright DMCA File Sharing Infringement Safe Harbors Veoh

Intellectual Property Bulletin - Spring 2013: Legalizing “Hack-Back” Trade Secret Protections

Continuing the momentum for nationwide legal reform in response to recent high-profile international trade secret thefts, a panel of leading foreign policy and business experts issued a report last month calling for...more

6/27/2013 - Cybersecurity EEA Hack-Back Theft Trade Secrets

Intellectual Property Bulletin - Spring 2013: Federal Circuit Undecided About Whether Software is Patentable?

Patent holders, inventors, and even the courts have recently struggled with the limits of what can be patented. The patentability of software, widely accepted for decades, has lately been questioned. The scope of...more

6/26/2013 - AMP v Myriad CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent-Eligible Subject Matter Patents SCOTUS Software

Intellectual Property Bulletin - Spring 2013

Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more

6/21/2013 - America Invents Act Assignments Co-Ownership Copyright DMCA gTLD Hack-Back Motion Picture Industry Music Industry Non-Practicing Entities Patent Assertion Entities Patent Reform Patent Trolls Patent-Eligible Subject Matter Patents Proposed Legislation Safe Harbors Software Third-Party Trade Secrets Trademark Clearinghouse

Don't Just Patent Everything, You Need To Have A Strategy

You can't patent it all. Inventors often want to patent every potentially novel detail of their technologies and patent attorneys are sometimes willing to help them do it. However, this type of unfocused, shotgun approach...more

4/29/2013 - Emerging Growth Companies Inventions Inventors Patent Applications Patent Portfolios Patent-Eligible Subject Matter Patents

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