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The Intellectual Property Strategist

Features

USPTO Continues to Demand Attorneys' Fees for District Court Appeals Image

USPTO Continues to Demand Attorneys' Fees for District Court Appeals

Judith L. Grubner

Starting in 2013, the USPTO has been requesting reimbursement for the time spent by its attorneys and paralegals on district court challenges to PTAB and TTAB decisions.

Features

What 'Originalist' Viewpoints May Mean for Patent Law Image

What 'Originalist' Viewpoints May Mean for Patent Law

Gerald B. Halt Jr. & Bradley M. Brown

The landscape for patent law has changed more quickly over the last five years than it had in preceding decades. Recent cases have profoundly changed the way courts and the USPTO treat patents and patent applications. The U.S. Supreme Court will have ample opportunity, if it chooses, to revisit the issues that have been raised by these cases over the next few terms.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg, Hui Li & Zhiqiang Liu

District Court's Decision Retroactively Excusing Failure to Mark Patented Products Vacated By Federal Circuit<br>Federal Circuit Affirms PTAB's Unpatentability Findings Made In an IPR Proceeding Despite Prior Judicial Opinions Upholding Validity

Features

Supreme Court Rules on Design of a Useful Article Image

Supreme Court Rules on Design of a Useful Article

Samantha Barber

Fashion, furniture, and other design-oriented companies will take note of the Supreme Court's recent decision in <i>Star Athletica, L.L.C. v. Varsity Brands, Inc.</i>, which resolved a division among the federal circuits on the issue of the separability of designs of useful articles under the Copyright Act.

Features

Supreme Court May Preserve EDTX Grip on Patent Cases Image

Supreme Court May Preserve EDTX Grip on Patent Cases

Tony Mauro

The U.S. Supreme Court did not appear eager to upset the patent litigation landscape by drastically limiting where infringement lawsuits can be filed.

Features

Extraterritorial Jurisdiction of IP Laws Image

Extraterritorial Jurisdiction of IP Laws

Andrew P. MacArthur & Ralph A. Dengler

Recent U.S. cases have created benchmarks of patent, trademark, copyright, and trade secret liability for foreign activity, and businesses should take heed.

Features

Untangling the Mystery of Cybersecurity Insurance Image

Untangling the Mystery of Cybersecurity Insurance

Sean B. Cooney

IT security professionals used to warn that only two types of businesses exist: those that have been hacked, and those that will be. Now, many are even more pessimistic, and divide the world's businesses into companies that know that they have been hacked, and those that don't. Law firms are juicy targets with all the personal identifiable information (PII) contained in client files. Intellectual property practices are especially attractive to cyber thieves because of the value of patent, trademark and trade secret information.

Features

Supreme Court Ends Laches Defense in Patent Cases Image

Supreme Court Ends Laches Defense in Patent Cases

Scott Graham

<b><i>SCA Hygiene Products v. First Quality Baby Products</i></b><p>The U.S. Supreme Court on March 21 ruled laches is not a defense to patent infringement suits that are brought within the Patent Act's limitations period.

Features

Supreme Court Limits Patent Liability for Component Makers in Global Supply Chain Image

Supreme Court Limits Patent Liability for Component Makers in Global Supply Chain

Scott Graham

<b><i>Life Technologies v. Promega</b></i><br>In a decision that should please American manufacturers that feed into the global supply chain, the U.S. Supreme Court has narrowly interpreted a 33-year-old law that imposes patent liability on components made in the U.S. for assembly overseas.

Features

The Joke is in the Bag! Parody at the Federal and TTAB Levels Image

The Joke is in the Bag! Parody at the Federal and TTAB Levels

Jennifer Ashton & Erin Hennessy

On Feb. 13, 2017, the eve of Valentine's Day, the Second Circuit Court of Appeals extended no love to Louis Vuitton, effectively asserting that it would not rehear the infringement suit against My Other Bag, Inc., denying the en banc request in a brief order.

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