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The Cost of Defending Against Patent Trolls

It should come as no surprise that defending against Non-Producing Entities—most of which are Patent Trolls —is expensive, especially for small businesses and corporations. In support of his ongoing legal battle with the...more

“Big Chocolate” Gets Injunction Against Whack-A-Mole Senator; Trademark “Services” Include Political Activities

Last week, Judge William Quarles of the District of Maryland issued an injunction preventing Maryland Republican State Senator Steve Hershey from using his own campaign literature. The case was brought by the Hershey...more

SCOTUS Roundup: How were patent trolls affected?

While much of the attention this year has fallen on Congress and its now failed attempts to pass patent law reform, the U.S. Supreme Court may have quietly provided significant ammunition to those trying to curb abusive...more

Supreme Court Aiding Fight against Patent Trolls: Alice, Nautilus, Limelight, Octane Fitness and Highmark

The Supreme Court may be making up for where Congress has left off. Legislation designed to curb abuse from patent assertion entities, or so-called patent trolls, has been shelved indefinitely. The legislation passed the...more

US Congress may act again on patent reform

The Leahy-Smith America Invents Act (AIA), enacted in 2011 after three different US Congresses considered various iterations of the legislation, was the most sweeping reform of our patent system since 1952. But since...more

Update!—New TN Law Concerning Patent Infringement Allegations

In recent years, state legislatures have attempted to pass legislation regarding patent law – an area that the U.S. Constitution states is exclusively governed by federal law. The stated goal behind many of these laws is to...more

Making a Federal Case Out of Trade Secret Misappropriation

NEWSFLASH-Congress may actually do something. There is talk of a bipartisan (you read that right, BIPARTISAN) bill to provide redress for trade secret theft in federal courts. Today trade secrets are the poor relations...more

North Carolina Abusive Patent Assertions Act (H1032) Makes Its Way Through General Assembly

The 2013 General Assembly convened its 2014 Regular Session on Wednesday, May 14, 2014 with the introduction of House Bill 1032 The Abusive Patent Assertions Act by primary sponsor Representative Tom Murry (Rep). The Bill...more

“Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us

Both Congress and the White House have been actively pursuing patent litigation reform in an attempt to combat the perceived “patent troll” problem. Of course, any legislation will impact all patent holders, even though most...more

Will Trade Secrets Finally Get Federal Civil Protection?

On April 29, 2014, Senators Christopher Coons (D-Del.) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the Defend Trade Secrets Act (S. 2267), a proposed amendment to the Economic...more

Update Back From The Dead: Senators Resuscitate Legislation To Create A Federal Right Of Action For Trade Secret Theft

With a powerful industrial coalition lining up behind them, two senators are trying yet again to establish a federal right of civil action for trade secret misappropriation, potentially making trade secrets an IP stepchild no...more

What’s the best way to improve the odds in patent troll litigation?

One can hardly talk about the patent law or patent litigation anymore without addressing the issue of patent assertion entities (PAEs). PAEs develop nothing, make nothing, distribute nothing, and sell nothing. They exist to...more

LEGISLATIVE UPDATE: Senator Proposes New Bill To Create Civil Cause Of Action For Foreign Theft Of Trade Secrets

Just before the Thanksgiving holiday last week, Senator Jeff Flake (R-Ariz.) introduced the Future of American Innovation and Research Act, a new trade secrets bill that would allow American trade secrets owners to sue...more

Historic Patent Act Whets Washington's Appetite

On March 16, the most significant provisions of the America Invents Act (AIA) came into force. The AIA was seen as the most extensive alteration to patent law in half a century, and was hotly debated over nearly a decade. The...more

White House Issues Executive Actions and Legislative Recommendations Aimed at Patent Assertion Entities

Recognizing a problem that has long plagued Silicon Valley technology companies, on June 4, 2013, President Barack Obama issued executive actions and legislative recommendations "to protect innovators from frivolous...more

White House Targets Patent “Trolls”

The White House today issued a fact sheet on high-tech patent issues, recommending seven legislative actions and taking five executive actions. According to the White House’s statement, innovators continue to face challenges...more

Copyright Lessons from the Campaign Trail: Romney, Gingrich and Fair Use

This Republican primary season has provided lots of fodder for political blogs, but it has also provided a few gems relating to — what else — trademark issues.    Now, U.S. copyright law is in...more

Punitive Damages Clause of the Virginia Uniform Trade Secrets Act Not So Punishing, Says the Eastern District of Virginia in a...

Punitive damages under the Virginia Uniform Trade Secrets Act (“VUTSA”) may have relatively little impact per a recent decision by the Eastern District of Virginia. In E.I. DuPont De Nemours and Co. v. Kolon Industries, Inc.,...more

Patent Reform Legislation Makes Progress in the 112th Congress

On March 30th the House Judiciary Committee introduced H.R. 1249, the “America Invents Act.” That same day, the committee held a hearing to explore the issues still dividing stakeholders. After six years and three congresses...more

Fashion Forward: IDPPA Gains Unanimous Approval Of Senate Judiciary Committee

On November 30, 2010, the Judiciary Committee of the United States Senate unanimously passed the Innovative Design Protection and Piracy Act (“IDPPA”) (S. 3728), which was introduced by Senator Charles Schumer (NY) on August...more

Chamber of Commerce v. Servin, et al.

Defendants' Motion to Dismiss Plaintiff's First Amended Complaint

EFF and Davis Wright Tremaine, LLP, are defending the Yes Men and other activists in a lawsuit filed against them by the U.S. Chamber of Commerce over political criticism of the Chamber's stance on climate change...more

Chamber of Commerce v. Servin, et al.

Defendants' Motion For Stay of Discovery And Rule 26 Disclosures & Memorandum of Points & Authorities in Support Thereof

EFF and Davis Wright Tremaine, LLP, are defending the Yes Men and other activists in a lawsuit filed against them by the U.S. Chamber of Commerce over political criticism of the Chamber's stance on climate change...more

Chamber of Commerce v. Servin, et al.

Complaint

EFF and Davis Wright Tremaine, LLP, are defending the Yes Men and other activists in a lawsuit filed against them by the U.S. Chamber of Commerce over political criticism of the Chamber's stance on climate change...more

Bi-Partisan Support for Restoration of Federal Intellectual Property Infringement Remedies By Mark S. Mulholland

On November 1, 2001, bills were introduced in the Senate and House to restore Federal remedies for infringement of intellectual property by States. Both the Senate version introduced by Senator Patrick Leahy (D-Vermont), and...more

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