General Business Science, Computers & Technology Intellectual Property

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Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence

Twenty years ago, the social media world we now live in was the stuff of science fiction. Today, social media is a critical business tool creating unprecedented opportunities for direct consumer interaction, brand awareness,...more

Supreme Court Changes Standard Of Review For Patent Claim Construction Rulings

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court revised the standard of review used by the Federal Circuit for nearly twenty years in reviewing claim construction rulings, replacing a de novo standard...more

Cloud Computing: Legal Issues on the Horizon

In the May 2014 issue of the Business Litigation Report, we discussed a hot topic in law and technology: cloud computing. That topic did not cool down over the summer. Businesses and courts—including the Supreme Court—have...more

It’s a Mad, Mad, Mad, FRAND World

Early Determinations of Fair, Reasonable, and Non-Discriminatory License Payments Have Been Anything but Consistent - When an invention claimed in a patent is essential to complying with a technical operating standard...more

Contractors vs. Employees: The Benefits and Risks of Hiring Outsourced Workers

Alternatives to direct employment are flourishing, as businesses have come to believe they should keep in house only “core” functions and outsource other activities like IT and HR to specialized service providers. This...more

Registering To Business In Delaware Constitutes Consent To Jurisdiction Notwithstanding Daimler

This is an ANDA case relating to generic dalfampridine extended-release tablets. The court finds, following that the Daimler decision, that neither the parent nor subsidiary defendant are “at home” in Delaware for purposes of...more

Trademark, Copyright and Licensing for Engineers

In This Presentation: - Trademarks: • What is a trademark? • How do you protect a trademark? • How do you avoid infringing trademarks of others? - Copyrights: • What is a copyright? • How do you...more

Nothin’ from Nothin’ Leaves Nothin’

Axiom Worldwide Inc. v. Excite Medical Corp. et al. - The U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s $1.32 million judgment in favor of a medical device maker, ruling that it never owned...more

FTC Issues Report on ‘Pay-for-Delay’ Settlement Volume for FY 2013

The Federal Trade Commission staff recently issued a report detailing the number of “potential pay-for-delay settlements” that took place in fiscal year 2013. The FTC is a staunch opponent of so-called “pay-for-delay”—also...more

Show Me the License: Is Your Company Ready?

Good record-keeping is a burden. But doing so is important. Here is an example of why it is important to keep good records of all software licenses....more

Natural Products Whiplash

What you need to know: Two important developments in the last week have exacerbated confusion around patent protection for natural products and technologies that implicate laws of nature, calling into question the...more

IP Newsletter - January 2015

In This Issue: - Castle Defense: Federal Circuit Reinforces Patent Damages Gate in VirnetX - Standards Patent Licensing: Always Apportionment, Sometimes Stacking - Supreme Court to Consider Good-Faith...more

The Advocate General of the EU Clarifies Position on Enforcement of SEPs

Huawei Technologies Co. Ltd v. ZTE Corp., ZTE Deutschland GmbH - Despite the fact that standard-essential patents (SEPs) have been on the agenda of the European Union (EU) competition law debate for some time now,...more

European Competition Law Newsletter – January 2015

On 26 November 2014, the EU General Court (GC) (the EU’s second-highest court) upheld a EUR2.5 million fine imposed by the European Commission (EC) for obstructing an EC dawn raid. The case shows the crucial importance of...more

Top Stories of 2014: #14 to #11

After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list of top patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more

Rehearing . . . Granted?

In Handi Quilter, Inc. v. Bernina International AG, IPR2014-00270, Paper 17 (December 31, 2014), the Board granted petitioner’s request for rehearing of the Board’s decision denying institution of inter partes review....more

Top five shifts in Internet law in 2014

Internet law is always changing. Here’s my impressionistic list of five of the most significant 2014 shifts affecting businesses that operate in the Internet space. David Letterman will be off the air soon, so I won’t follow...more

Internet Licensing - The Licensing Journal, Vol. 34, No. 10, Pg 29–31

Implementing and Enforcing Online Terms of Use - Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a...more

Dot Sucks: A Battle Between Trademark Rights and Free speech

When the organization responsible for assigning domain names announced several years ago that it would expand the generic top level domain name system from the previous 21 to an unlimited number, brand owners knew their legal...more

Pay-For-Delay In 2014: Courts Fill In The Actavis Gaps

A little more than one year ago, the U.S. Supreme Court decided Federal Trade Commission v. Actavis Inc. and affirmed that antitrust principles apply to reverse payment settlement agreements — those in which a brand-name drug...more

To Sue or Not to Sue: That Is the Trade Secret Question

You have just learned that a senior member of the company research and development team has resigned. The employee had access to important confidential information about your company’s product development, manufacturing...more

More Misinformation Regarding the Patent System and Non-Practicing Entities

The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of...more

Judge Forrest rejects Leveraged Innovations’ second bite at the apple in seeking to enforce its patented technology because of its...

Direxion Shares, ETF Trust v. Leveraged Innovations L.L.C. Case Number: 1:14-cv-01777-KBF - On March 14, 2014, Direxion Shares, ETF Trust (“Direxion”) filed a declaratory judgment action against Leveraged...more

The FTC gets activist post-Actavis

In 2013, the FTC left its mark on the pharmaceutical industry when the Supreme Court ruled in FTC v. Actavis that settlement agreements for patent infringement suits between branded and generic drug companies are not immune...more

Sandoz Was Disinvited to the Patent Dance: The Federal Circuit's First Interpretation of the BPCIA Will Have to Wait

Since the 1984 enactment of the Drug Price Competition and Patent Term Restoration Act, Hatch-Waxman litigation has dominated the sphere of life-sciences patent litigation. The battle between proprietary and generic...more

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