News & Analysis as of

Intellectual Property Protection

Trade Secret Misappropriation By Ex-Employees In China: How To Confront “Inside Theft”

Article 123 of the General Provisions of the Civil Law of the People’s Republic of China (effective Oct. 1, 2017) confirmed that trade secrets are intellectual property, signifying China’s recognition of the importance of...more

Building a Health App? Part 5: Contracting for Health App Construction

As you take your health app from innovative idea to reality, you will be engaging in a development project that will likely entail the procurement of technology, services and perhaps even content from third parties. For...more

Compulsory Licensing of Biopharmaceutical Inventions

Very few topics in international intellectual property have been as controversial as compulsory licenses. While the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) sets minimum standards for...more

Senators and court complain of ‘anti-competitive’ transfer of patent rights to American Indian tribe

We have previously discussed antitrust implications of pharmaceutical companies’ efforts to maximize patent protection for their drugs. Consumers and generic drug makers, for instance, have alleged antitrust violations based...more

Europe: Blockchain – The virtual currency Bitcoin

by Hogan Lovells on

Whoever thinks of blockchain also has inevitably bitcoins in mind. The Internet currency is largely based on the blockchain technology and it is therefore one of the most obvious fields of application for this technology, to...more

Juniper Faces Blue Spike’s “Assembly-Line Litigation Campaign”

by Shook, Hardy & Bacon L.L.P. on

In January 2017, Blue Spike, LLC (“Blue Spike”) filed what has been described as the largest patent infringement case in the U.S. Blue Spike asserted 26 patents containing 656 claims against 113 products owned by Juniper...more

Distillations: Glass Half Full

by Fish & Richardson on

Here at the Distillations Desk we’ve talked about trademark disputes over the shapes of bottles, but now comes a case about the shapes of glasses. On October 12, Glencairn IP Holdings and Glencairn Crystal Studio filed...more

Action Required to Maintain DMCA Safe Harbor Protection

by Coblentz Patch Duffy & Bass on

Parties that operate websites may enjoy immunity from copyright liability for the infringing posts of their users under the terms of the Digital Millennium Copyright Act (“DMCA”). The DMCA offers a “safe harbor” from...more

December 31 Deadline for DMCA Safe Harbor Copyright Agent Designations

by K&L Gates LLP on

All companies that conduct business online should take note of an upcoming deadline for “safe harbor” from copyright infringement liability. Online service providers that allow users to store or post content (essentially, any...more

New EU-Certification Mark Added to IP Armory

by Latham & Watkins LLP on

European Union (EU) trademark law is currently undergoing significant reform, with the most recent change of particular relevance to certification mark holders or to those interested in applying for certification...more

Europe: Blockchain – Practical and legal challenges

by Hogan Lovells on

The increasing digitization of the private as well as economic realm is undeniable. The European Commission is constantly pushing the Digital Single Market forward. In the same breath as the ubiquitous phenomenon of...more

Supreme Court Rejects Louis Vuitton’s Request for Appeal Against Parody Tote Bag Company

by Robins Kaplan LLP on

Louis Vuitton is no stranger to the court. For years, the luxury fashion label, headed by creative director, Nicolas Ghesquière, has battled high-profile cases over parody bags. Those cases have involved dog toys, Super Bowl...more

UPC and Germany: Status update - Constitutional complaint, ratification timeline and more

by Hogan Lovells on

The constitutional complaint against the UPC ratification that was lodged with the Federal Constitutional Court in Germany earlier this year has received a lot of attention over the past few months as it could have the...more

Hatch Hints At Changes To Patent Law

by Orrick - IP Landscape on

A Look Forward on Patent Reform, Senator Orrin Hatch, October 2, 2017 - Patent law reform legislation reminds us of a horror movie zombie: it’s never truly dead. A recent post from Utah Senator Orrin Hatch is the latest...more

Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act...

by Seyfarth Shaw LLP on

On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition...more

Fighting Patent Trolls

by Snell & Wilmer on

When it comes to suppressing U.S. competiveness, no one does it better than patent trolls. A 2017 study concluded that 5,100 patent infringement lawsuits were filed in 2016. Patent Trolls account for about 67% of...more

Five Things to Know About University Licensing

by WilmerHale on

Earlier this year, WilmerHale Partners Dave Gammell, Barry Hurewitz and Jeff Johnson discussed the basics of licensing and legal considerations for university licensing agreements such as unique aspects of university licenses...more

Federal Court Warns Companies – If You Don’t Protect Your Trade Secrets, Neither Will We

by Jackson Lewis P.C. on

In 2016 Congress passed the Defend Trade Secrets Act, creating a federal cause of action for the theft of trade secrets. For a plaintiff attempting to prove that the information at issue is a trade secret, there is a tendency...more

Be Proactive: Protect Yourself from Unfair Competition

by Cohen & Grigsby, P.C on

Most sophisticated companies actively protect their intellectual property from infringement. They scour the market looking for possible infringers, and they update their searches for possible infringement on a regular basis....more

Federal Circuit Finds That Petitioners Have Burden Of Persuasion Of Unpatentability Of Claims Amended During An IPR Proceeding,...

by Shook, Hardy & Bacon L.L.P. on

In a much anticipated decision, the Federal Circuit has narrowly decided that a patent owner moving to amend claims during an inter partes review (IPR) does not have the burden of persuasion that the claims are patentable....more

Lessons for Life Science and Medical Device Companies Post-Nautilus

by Robins Kaplan LLP on

Under the U.S. Patent laws, claims must particularly point out and distinctly claim what the inventor understands her invention to be. Up until three years ago, the inquiry for determining indefiniteness was to ask whether...more

Proposed change of registration policy for .IE domain names

by Hogan Lovells on

IEDR, the Irish Domain Registry, recently announced that it was a running a Public Consultation with a view to liberalising the .IE domain name registration policy....more

Trademark Genericide: How To Protect Your Brand

by Revision Legal on

Xerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic. Most recently, Google’s trademark status was challenged unsuccessfully....more

Copyrighting Design Elements of a “Useful Item”: Lessons From Star Athletica

by Revision Legal on

In general, no copyright protection is available for the design of something that is “useful.” “Useful” is defined by the Copyright Act as something with “an intrinsic utilitarian function that is not merely to portray the...more

Patents or Trade Secrets? Deciding How Best to Protect Your Invention - Part I: Can The Invention be Kept Secret?

by Nutter McClennen & Fish LLP on

Key Takeaway: One critical question to ask when deciding whether to protect your invention using patents or trade secrets is how well the invention can be kept secret. Ease of reverse-engineering, risk of independent...more

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