Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Features

New COVID Relief Bill Brings Changes to Trademark and Copyright Practice Image

New COVID Relief Bill Brings Changes to Trademark and Copyright Practice

Eugene Y. Mar, Nate A. Garhart & Ashleigh Nickerson

The new, more than 5,000-page spending bill, which includes the latest COVID-19 relief, had a few surprises under its cover. Two of those surprises focus directly on intellectual property and amount to sea changes in the trademark and copyright infringement realms.

Features

Copyright and Internet Content Image

Copyright and Internet Content

Jonathan Bick

Online publication impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.

Columns & Departments

IP News Image

IP News

Jeffrey Ginsberg & Ryan J. Sheehan

Federal Circuit: Texas Court Abused Its Discretion By Delaying On Venue Transfer Motion While Proceeding With the Merits of the Case Federal Circuit: PTAB Violates the APA When It Sua Sponte Adopts a New Claim Construction to Support New Theory of Invalidity for First Time

Features

Northern District of California Holds Vanity License Plates Are Not Government Speech Image

Northern District of California Holds Vanity License Plates Are Not Government Speech

Grace Tuyiringire

California DMV regulations excluding plaintiffs' personalized plates were like the PTO trademark registration restrictions of SLANTS and FUCT — restrictions struck down by the U.S. Supreme Court for violating the First Amendment.

Features

The Dark Side of Licensing: How to Prepare for the Audit Image

The Dark Side of Licensing: How to Prepare for the Audit

David Schnider

The audit clause itself is not something to be feared. It is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.

Features

From the PTO to the FDA: What to Consider When Branding Clinical Trials Image

From the PTO to the FDA: What to Consider When Branding Clinical Trials

Brandon Leahy Susanna Lichter & Eva Yin

The legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.

Columns & Departments

IP News Image

IP News

Howard Shire & Shaleen J. Patel

PTAB to Follow Nautilus Standard of Definiteness

Features

Exercising Restraint: Federal Circuit Affirms Dismissal of Declaratory Judgment Action Under Abstention Doctrine Image

Exercising Restraint: Federal Circuit Affirms Dismissal of Declaratory Judgment Action Under Abstention Doctrine

Rudy Kim & James Hancock

The Federal Circuit affirmed the dismissal of a declaratory judgment action based on the "abstention doctrine," despite the declaratory judgment plaintiff's insistence that the underlying contract dispute required resolution of patent validity and claim scope that were within the federal courts' exclusive purview.

Features

Looking Ahead to Avoid Spoliation Sanctions Image

Looking Ahead to Avoid Spoliation Sanctions

Daniel J. Melman & Sarah Benowich

A recent Federal Circuit decision denying a petition for a writ of mandamus should serve as a cautionary tale and reminder for corporate entities regarding the critical importance of preserving documentary evidence in a timely and appropriate manner.

Features

USPTO Sets Precedent on Collective Patent Defense Groups with RPX Ruling Image

USPTO Sets Precedent on Collective Patent Defense Groups with RPX Ruling

Scott Graham

It took two years and a last-minute substitution of judges for the U.S. Patent and Trademark Office (USPTO) to rule that RPX Corp. was too close to a dues-paying member to bring a patent validity challenge.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
    Read More ›
  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
    Read More ›
  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
    Read More ›
  • The Unlicensed Real Estate Broker in New York: Beware
    The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.
    Read More ›