The new generic top-level domains (“gTLDs”) are coming, and it is time for trademark owners to review their online strategies. Over the last several months, Internet Corporation for Assigned Names and Numbers (“ICANN”) has been…more
As experienced trial lawyers know, successfully trying or defending a case is all about presenting a compelling, understandable theme and narrative that comports with a judge and jury’s common sense and experience…more
Originally published in the Portland Business Journal on February 22, 2013.
Counterfeit sales make up as much as 7 percent of worldwide trade. All told, counterfeiting is a $650 billion industry.
An important function of a business is to create value. This can take the form of value for customers, value for clients or value for investors. One form of value that is often overlooked, or delayed in terms of when it is…more
In 2012 the sale of counterfeit goods is expected to make up nearly 10% of international trade, up from approximately 7% in 2010. Websites selling counterfeit consumer goods attract more than 87 million visitors annually, and…more
During past month when many patent practitioners may have been distracted by the “laws of nature” meaning of the Mayo v. Prometheus decision, the Court of Appeals for the Federal Circuit issued four precedential rulings…more
Can trademarks be used by a competitor as keywords and in ad text? The answers to those questions were discussed in an opinion recently issued by the Court of Appeals for the Fourth Circuit. 2012 U.S. App. LEXIS 7082.
The Supreme Court handed down a unanimous decision that a process that essentially defines how a law of nature works is unpatentable subject matter. The decision overruled a Federal Circuit holding that the claimed process was…more
What happens when a start-up company (Protostorm) retains a sole practitioner to prepare provisional patent applications, another solo lawyer to prepare the corresponding U.S. non-provisional application, and yet another firm to…more
Suppose your doctor measures your body’s response to a medication and then contemplates adjusting your medication accordingly. Did your doctor infringe someone’s patent? Maybe.
This spring, the United…more
Over four years have elapsed since the Federal Circuit first held that federal courts possess exclusive jurisdiction over patent legal malpractice claims. In Immunocept, LLC v. Fulbright & Jaworski, LLP, 504 F.3d…more
Unless your consulting agreements explicitly require your consultants to assign their inventions to you, they have no obligation to do so, and your competitors could end up owning your intellectual property.
The America Invents Act H.R.1249, passed the Senate on September 8, 2011, by an overwhelming vote of 89-9. It is long and complex, and will create significant changes to the U.S. patent system, which will have a wide ranging…more
You have probably heard the buzz, but it is now official. The Internet is growing and brand owners should be aware of the coming changes.
On June 20, 2011, the Board of the Internet Corporation for Assigned Names and…more
While it may seem that your business is at capacity dealing with .com, .net, .org, and all the other Web suffixes (also known as “top-level domains”) that are already out there, this year a new Web suffix will be introduced —…more
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