Features
New COVID Relief Bill Brings Changes to Trademark and Copyright Practice
The new, more than 5,000-page spending bill, which includes the latest COVID-19 relief, had a few surprises under its cover. Two of those surprises focus directly on intellectual property and amount to sea changes in the trademark and copyright infringement realms.
Features
Copyright and Internet Content
Online publication impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.
Columns & Departments
IP News
Federal Circuit: Texas Court Abused Its Discretion By Delaying On Venue Transfer Motion While Proceeding With the Merits of the Case Federal Circuit: PTAB Violates the APA When It Sua Sponte Adopts a New Claim Construction to Support New Theory of Invalidity for First Time
Features
Northern District of California Holds Vanity License Plates Are Not Government Speech
California DMV regulations excluding plaintiffs' personalized plates were like the PTO trademark registration restrictions of SLANTS and FUCT — restrictions struck down by the U.S. Supreme Court for violating the First Amendment.
Features
The Dark Side of Licensing: How to Prepare for the Audit
The audit clause itself is not something to be feared. It is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.
Features
From the PTO to the FDA: What to Consider When Branding Clinical Trials
The legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.
Columns & Departments
IP News
PTAB to Follow Nautilus Standard of Definiteness
Features
Exercising Restraint: Federal Circuit Affirms Dismissal of Declaratory Judgment Action Under Abstention Doctrine
The Federal Circuit affirmed the dismissal of a declaratory judgment action based on the "abstention doctrine," despite the declaratory judgment plaintiff's insistence that the underlying contract dispute required resolution of patent validity and claim scope that were within the federal courts' exclusive purview.
Features
Looking Ahead to Avoid Spoliation Sanctions
A recent Federal Circuit decision denying a petition for a writ of mandamus should serve as a cautionary tale and reminder for corporate entities regarding the critical importance of preserving documentary evidence in a timely and appropriate manner.
Features
USPTO Sets Precedent on Collective Patent Defense Groups with RPX Ruling
It took two years and a last-minute substitution of judges for the U.S. Patent and Trademark Office (USPTO) to rule that RPX Corp. was too close to a dues-paying member to bring a patent validity challenge.
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