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Columns & Departments

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IP News

Jeffrey S. Ginsberg

SCOTUS Confirms that Secret Sales Continue to Qualify as Prior Art Under the AIA<br>New York District Judge Extends Estoppel Under §315(e) to Grounds Not Raised in Petition for <i>Inter Partes</i> Review

Features

11th Circuit Weighs in on Intersection of Lanham Act and FDCA Protein Powder Labeling Requirements Image

11th Circuit Weighs in on Intersection of Lanham Act and FDCA Protein Powder Labeling Requirements

Kyle-Beth Hilfer

A battle between two dietary supplement manufacturers has revived interested in the intersection between the Lanham Act and federal labeling regulations. The issue: can an advertiser challenge a competitor's product label for false advertising under the Lanham Act if it complies with applicable federal regulations?

Features

The USPTO Brings New Guidance to the Section 101 Quandary Image

The USPTO Brings New Guidance to the Section 101 Quandary

Susan M. Gerber & A. Patricia Campbell

<b><i>Part Two of a Two-Part Article</b></i><p>USPTO Attempts to Provide Greater Clarity for Patent-Eligible Subject Matter

Columns & Departments

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IP News

Howard Shire & Christine Weller

Kapoor v. National Rifle Association of America

Columns & Departments

Book Releases Image

Book Releases

ssalkin

The Essential Guide to Entertainment Law: Intellectual Property<br>The Essential Guide to Entertainment Law: Dealmaking

Features

Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity Image

Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity

Susan M. Gerber & A. Patricia Campbell

Part One of a Two-Part Article Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.

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

IP Provisions in 'New NAFTA' Agreement Image

IP Provisions in 'New NAFTA' Agreement

Lawrence E. Ashery

With Canada's agreement, the stage was set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.Among the provisions of note for the entertainment industry, copyright will receive a boost from the USMCA.

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