Guidelines for Starting an IP Practice in China
As more multinational companies turn their attention to, sell products to and open offices in China, intellectual property work will continue to skyrocket. How are international law firms responding? What are the barriers, if any, to entry? What are the best ways to set up an IP practice in China? This article answers those questions and provides a basic roadmap if you are contemplating entering this market.
Recent TTAB Decisions Highlight Challenges of Pleading and Proving Fraud after <i>Bose</i>
In <i>Enbridge Inc. v. Excelerate Energy Ltd. Partnership</i>, TTAB issued its first precedential ruling following the Federal Circuit's Bose decision on fraud, <i>In re Bose Corp.</i> <i>Bose</i> reversed a TTAB decision, finding that a trademark is obtained fraudulently under the Lanham Act only if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the USPTO.
Features
IP News
Highlights of the latest intellectual property news from around the country.
Features
PTO's Annual Report Reveals Declining Revenue and Application Numbers, Plus Dip In Backlog
The U.S. Patent and Trademark Office's fiscal year 2009 annual report indicates declining revenue and patent filings. Notably, there was both a dip in the backlog of patent applications and an increase in the time it takes for the agency to issue a patent. Some lawyers believe the former can be attributed in part to applicants abandoning applications because of the economic downturn.
Features
IP Expenses
In-house lawyers can do great good for their companies by deploying IP assets to realize direct monetary return for their companies, but they are under more pressure to reduce expenses because of the inaccurate perception that IP-related expenses do not add to the bottom line, a perception that stems from accounting conventions.
Increased Delays Expected When Filing RCEs
The USPTO recently announced that it would implement internal changes to RCE docketing on Nov. 15, 2009, and will implement internal changes to the examiner count system by early 2010. These changes may significantly delay further examination of an application in which a RCE is filed, and consequently the ultimate issuance of a patent. To mitigate the effects of these changes, patent applicants may need to alter patent prosecution strategies going forward.
<i>Lucent v. Gateway</i>: A Closer Look at Patent Damages
In a move signaling a heightening of evidentiary scrutiny for patent infringement damage calculations, the Court of Appeals for the Federal Circuit, in <i>Lucent Techs. v. Gateway, Inc.</i>, vacated and remanded an almost $358 million award to Lucent based on Microsoft's infringement of U.S. Patent 4,763,356, entitled "Touch screen form entry system.
IP News
Highlights of the latest intellectual property news from around the country.
Corporate Mergers and the Transferability of Software Licenses
Anti-assignment clauses are typically inserted into license agreements to preclude the introduction of an unwanted third party into the parties' relationship, giving the licensor more control over its valuable property and with whom it ultimately does business. In the context of software licenses, ordinarily a court will apply state law to contractual disputes, but federal law pre-empts state law concerning questions of copyright law or policy, which include the assignability of non-exclusive agreements.
Features
Tweet, Tweet
So is a tweet on the Twitter networking site protected by copyright law? The question is complex and without a definitive answer. The prevailing opinion is no, but with some possible exceptions.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing ModelsDefining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.Read More ›
- Hyperlinked Documents: The Latest e-Discovery ChallengeAs courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.Read More ›
- Identifying Your Practice's DifferentiatorHow to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.Read More ›
- Risks and Ad Fraud Protection In Digital AdvertisingThe ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.Read More ›
- Turning Business Development Plans Into RealityThis article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.Read More ›