IP|Trend: Inter Partes Review: Is It Still Right For You?
IS THE A IN ANDA BEGINNING TO MEAN ANTITRUST?
What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
Bill Beutler on Editing Wikipedia
Inter Partes Review Appeals: What You Need to Know
The AIA Has Moved the Cheese
Emerging Markets: Opportunity, Risk, and What it Means for Brand Protection
How is Graphene Currently Used and What is the Hope for the Future?
Derivation Proceedings: What You Need to Know
What is Graphene? Fenwick Patent Attorney Has the Answer
Examining Trends in Worldwide Design IP Filings
Two Tips for Inventors Filing Patent Applications
Track One and the Patent Prosecution Highway
The Intersection Between Intellectual Property Law and Employment Law
Lessons from Nautilus v. Biosig at the Supreme Court
Examining the Impact of the Supreme Court's Limelight v. Akamai Decision
FCPA Compliance and Ethics Report-Episode 72-interview with Michael Rasmussen
The Evolution of Trade Secret Damages
The Art of Communicating to a Jury
The Evolution of Patent Damages
The ALJ terminated the ITC investigation upon granting respondent's motion for summary judgment for lack of domestic industry, finding that the complainant's (a licensing entity) patent-related activities were solely...more
According to a recent initial determination by an Administrative Law Judge of the International Trade Commission, a purely revenue-driven NPE cannot prove the existence of a domestic industry by relying solely on the...more
On June 26, a National Labor Relations Board (NLRB) judge ruled that Landry’s Inc., parent of Bubba Gump Shrimp Co., did not violate federal labor laws with its policy governing employees’ use of social media. Administrative...more
A New York State Division of Tax Appeals administrative law judge (ALJ) recently ruled in favor of a medical device and technology company on the question of whether patent license fees that the company charged to its...more
In nearly identical decisions released on May 27, 2014, Sandoz Canada Inc v Canada, 2014 FC 501 (Sandoz) and ratiopharm Inc v Canada, 2014 FC 502 (ratiopharm), the Federal Court of Canada held that some licensees of patents...more
New market exclusivity opportunities emerge for pharmaceutical companies.
In draft guidance released by the Food and Drug Administration (FDA or the Agency) on February 24, 2014, the Agency proposed changes to its...more
Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug...more
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
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