This article discusses recovering damages for trademark infringement and various strategies for establishing those damages.
- December 01, 2018Marcus Harris and Ryan Burandt
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.
December 01, 2018Lawrence E. AsheryHow, 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.
December 01, 2018Lewis R. Clayton and Eric Alan StoneThe 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.
December 01, 2018Phillip BantzBeginning 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 …."
November 01, 2018Justin OliverThe Detail Dilemma
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.
November 01, 2018Daniel R. SaeediThe 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.
November 01, 2018Lawrence E. AsheryFriday the 13th Screenplay Author's Copyright Termination Notice Found Valid
Infringement Suit over Justin Timberlake's “Damn Girl” Allowed to ProceedNovember 01, 2018Stan SoocherObviousness Determination Can Be Different for Apparatus and Method Claims
Petitioner “Bears the Burden” On Demonstrating Real Parties in InterestNovember 01, 2018Jeff Ginsberg and George Soussou






