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The Intellectual Property Strategist

September 2024
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Features

Use of Arbitration In Place of Inter Partes Review Proceedings Image

Use of Arbitration In Place of Inter Partes Review Proceedings

David L. Newman

An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Hui Li

Obviousness-Type Double Patenting Does Not Invalidate Section 156 Patent Term Extension <br>Federal Circuit Holds Assignor Estoppel Does Not Apply in IPR Context<br>Federal Circuit Reverses District Court Holding of Patent Ineligibility of Computer Security Patent

Features

An Overview of Recovering Trademark Infringement Damages Image

An Overview of Recovering Trademark Infringement Damages

Marcus Harris & Ryan Burandt

This article discusses recovering damages for trademark infringement and various strategies for establishing those damages.

Features

Further Guidance On Article III Standing To Appeal PTAB Decisions Coming Soon Image

Further Guidance On Article III Standing To Appeal PTAB Decisions Coming Soon

Lewis R. Clayton & Eric Alan Stone

How, if at all, can a non-injured party that challenges a patent before the PTAB and loses may then demonstrate Article III standing to appeal to the federal courts from the PTAB's decision upholding the patent's validity.

Features

U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise Image

U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise

Phillip Bantz

The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.

Columns & Departments

IP News Image

IP News

Christine E. Weller

Converse v. ITC

Features

The PTAB's New Claim Construction Standard: Will the Real Impact Please Stand Up Image

The PTAB's New Claim Construction Standard: Will the Real Impact Please Stand Up

Justin Oliver

Beginning on Nov. 13, 2018, the USPTO will cease to apply the broadest reasonable interpretation (BRI) standard for newly-filed IPR, PGR, and CBM trials under the America Invents Act (AIA). Instead, the USPTO will begin "using the same claim construction standard that would be used to construe the claim in a civil action …."

Features

Alleging the Existence of a Trade Secret in a Misappropriation Case Image

Alleging the Existence of a Trade Secret in a Misappropriation Case

Daniel R. Saeedi

<b><i>The Detail Dilemma</b></i><p>How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court's viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.

Features

The 'New NAFTA' and How It Will Affect Intellectual Property Law Image

The 'New NAFTA' and How It Will Affect Intellectual Property Law

Lawrence E. Ashery 

The stage is set for the 24-year-old north American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA), which has implications for intellectual property, to take its place.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & George Soussou

Obviousness Determination Can Be Different for Apparatus and Method Claims<br>Petitioner “Bears the Burden” On Demonstrating Real Parties in Interest

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