Lewis Roca Rothgerber

Software Patents: History and Strategies (Pt. II – Strategies)

Last week we posted part one of this article, which focuses on the history of patent protection for software. Today we post part two, focused on current strategies for obtaining software patents…more
| Intellectual Property, Science, Computers, & Technology

Software Patents: History and Strategies (Pt. I – History)

1952-2010: Software Patents Historically (before Bilski and Alice) - For centuries in United States patent law, the question of patentability of the subject matter of an invention under 35 U.S.C. §101 was fairly…more
| Intellectual Property, Science, Computers, & Technology

Getting A Handle on Twitter

With over 300 million active users, Twitter has become one of the top social media platforms and an important communication tool for individuals and businesses alike. People flock to Twitter to “discover what’s happening in the…more
| Intellectual Property

Is a New Standard for Enhanced Damages in Patent Infringement on the Horizon?

The Supreme Court of the United States has recently announced that they will be reviewing the standard for willful patent infringement in two cases currently on appeal from the Federal Circuit: Halo Electronics, Inc. v. Pulse…more
| Business Torts, Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Canada Adopts the Nice Classification for Goods and Services

On September 28, 2015, the Canadian Intellectual Property Office (“CIPO”) began accepting trademark applications with goods and services classified according to the Nice Classification. This signals the first step in a…more
| Intellectual Property, International Law & Trade

Who Controls the Water? The Answer is Now On Hold.

With due respect to Norman Maclean’s famous quote, environmental lawyers and the regulated public continue to be “haunted by waters.” The question of “who controls the water?” is raging throughout the nation, and is playing…more
| Civil Procedure, Constitutional Law, Environmental Law

EPA Clean Power Plan Could Give a Big Boost to Tribal Renewable Energy and Energy Efficiency Efforts

EPA Clean Power Plan Could Give a Big Boost to Tribal Renewable Energy and Energy Efficiency Efforts On August 3, the EPA released the final rule for the “Clean Power Plan.” Considerably different in many material ways…more
| Energy & Utilities, Environmental Law

Did the DMCA Hinder Researchers in Discovering VW’s Emissions Defeat Device?

By now, everyone has probably heard about the Volkswagen “emissions scandal” involving the company’s alleged use of software on its vehicles that evaded testing to pass emission standards. Amidst this, several articles and…more
| Intellectual Property, Science, Computers, & Technology

Rights of Publicity: A Potentially Catastrophic Pitfall for the Unwary Marketer as told by Jordan v. Dominick’s Finer Foods

Most marketing departments for large companies have at least a basic understanding, if not a proficient grasp, of the type of legal vetting that needs to be conducted before using an image in an ad or marketing piece. They know…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Intellectual Property

Patent Owners: Have an Infringement Claim? Time is (Still) of the Essence

The Federal Circuit’s recent decision in a case involving adult diapers serves as a reminder to act quickly and urgently when you believe you have a patent infringement claim. In an opinion released this month, SCA Hygiene v…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Is There No Room for a Queen of Beer?

Anheuser-Busch, LLC (“Anheuser-Busch”) is the leading brewer in the United States and holds about a 46% share of U.S. beer sales to retailers. It has been using its well-known KING OF BEERS trademark for over sixty years and…more
| Communications & Media Law, Intellectual Property

Smarter China Trademark Owners

If you do business in China, or advise clients who do business in China, and know anything about trademarks, you’ve likely heard that China is a first-to-file country. This means that registration is required to establish…more
| Intellectual Property, International Law & Trade

Using Copyright Protection in Architectural Works to Police Unauthorized Photographs

Can I stop photographers from taking, displaying, and selling photographs of my building? The answer is, like the answer to so many other questions, maybe. This issue often arises in the context of photographers who license…more
| Intellectual Property

Non-Apportioned Damages Awards Can Make Design Patents Highly Valuable

Companies should make design patents a key part of a company’s patent strategy due to the possibility for non-apportioned awards for design patent infringement. For companies manufacturing products in high volume, especially,…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Mixing Things Up: Let’s Talk Recipes, Part Two of a Four-Part Series (Patent)

Discussions about protecting intellectual property often focus on cutting-edge technologies, corporate branding campaigns, and widely distributed artistic works like movies and music. But let’s mix things up a bit. Follow us…more
| Intellectual Property
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