Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Patent Office Litigation Update: Patent Zombies
Clinton: SCOTUS Myriad Genetics Decision 'Terrific'
Goldstein: Expect More Litigation in Wake of Myriad Gene Patent Decision
Patent Series: Protecting inventions
Trademark Series: Use-based trademark protection
Trademark Series: Protecting your mark from becoming generic
Trademark Series: Matching your commercial strategy
Trademark Series: Building a global brand
Mobile App Series: Privacy by Design
Instapundit: America's IP Laws Need to be "Pruned Back"
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
Bill on Bankruptcy: Lehman Test Case on Judicial Nullification
Are Human Genes Patentable? Supreme Court Hears Oral Arguments in Myriad Case
AIA Impact on Start Up Capital
Video Sharing App Vine Hit with Takedown Notice from Prince
Can You Patent Human Genes? ACLU Says No
AIA Impact on University Innovation and Tech Transfer
'Gray Market' Lawyer: Congress Won't Change Copyright Laws
Oral Arguments Before the USPTO Patent Trial & Appeal Board
Patent Office Litigation Update: Impact on Timing
The Obama Administration issued a Report earlier this month, entitled "Administration Strategy on Mitigating the Theft of U.S. Trade Secrets," that sets forth its efforts to prevent trade secret misappropriation. The Report...more
On February 20, 2013, the U.S. Supreme Court heard oral argument in McBurney v. Young, No. 12-17, a case with potentially major implications for businesses that use state freedom of information acts (FOIAs) to obtain...more
Anyone trying to stop Chinese counterfeiters learns almost immediately that most of the information that would ordinarily identify China-based owners of a URL or website is false. That makes it costly or impossible to...more
Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants...more
1. What is a trademark? A trademark is a brand name for a product. It can be a word, phrase, logo, design, or virtually anything that is used to identify the source of the product and distinguish it from competitors’...more
Pot-smoking teens, ownership of e-mail, insider trading on false info -- all this and more in the BLG Monthly Update for January 2013!...more
The Federal Trade Commission and the Department of Justice recently held a workshop to discuss the effects of patent assertion entities (PAEs) on innovation and competition....more
This year has been marked by significant judicial and legislative developments relating to the fashion industry in the United States....more
On Monday, December 10, 2012, the Federal Trade Commission and the Antitrust Division of the Department of Justice held a joint workshop (Agenda) on the activities of patent assertion entities (“PAEs”). PAEs, sometimes...more
Last year, on November 23, 2011, the USPTO announced that it was considering collecting information on patent ownership and requiring disclosure of patent ownership information throughout the patent application process....more
Would you place this mouth wash bottle on your bathroom counter or hide it under the counter? The answer to this question, it appears, can have a material impact on whether the shape and design of the bottle functions as...more
Software and technology licensing fees are often tied to the number of users or devices that access an application or database. More users, or more devices, will often mean higher licensing fees. The terms and conditions...more
Momentum for “additive manufacturing” (aka “3D printing”) continues to grow. The USPTO recently announced a customer partnership meeting to be held on January 23, 2013....more
[R]es judicata [may attach where] the present matter relates to patent invalidity, misuse, and unenforceability [and] the prior case dealt only with enforcing the "all reasonable efforts to market and sell" under [a license...more
Earlier this year, the U.S. Commerce Department released a report titled "Intellectual Property and the U.S. Economy: Industry in Focus," which made clear the following point...more
On November 14, 2012, the U.S.-China Economic and Security Review Commission (“USCC”) released its annual report to Congress on developments in both bilateral trade relations with the People’s Republic of China (“China”) and...more
The term pioneer patent is often misapplied with hyperbole and exaggeration. When it comes to the shrimp peeling machine invented by Fernand and James Lapeyre, however, that blockbuster label is spot-on. Their automated...more
When is a gallon of gas like an iTunes track? That may sound like a riddle from a Lewis Carroll novel, but it was one of the questions considered by the California Supreme Court during oral arguments in Apple v. Superior...more
Originally published in the November 2012 issue of Smart Business Los Angeles. You know that picking the right name for a startup company or new product line can play a major part in its success. But name selection...more
The Biotechnology Industry Organization (BIO) and American Seed Trade Association (ASTA) announced today that the Generic Event Marketability and Access Agreement (GEMAA) has received four signatories, and as a result is now...more
Establishing California trade offices in countries around the globe is an old idea whose time has come again. The practice of opening and maintaining foreign trade offices was not uncommon for more than twenty years,...more
The U.S. Copyright Office recently issued a policy statement clarifying its approach to examining registrations of compilations, including claims for the selection and arrangement of independently uncopyrightable subject...more
Essential Patents, FRAND Licensing and Abuse of Market Power There has been a spate of antitrust complaints to the European Commission and other antitrust authorities of late, regarding the licensing of "essential...more
Bill allowing owners of innovative fashion designs to enforce their rights against "substantially identical" designs includes notice requirement and 21-day grace period....more
We continue our series in the changes to patent law under the America Invents Act (AIA) with a discussion of the handling of challenges to business method patents. On September 16th, implementation of the America Invents Act...more
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