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Features
The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.
Features
That least-read contract — the Terms of Use — can be an effective (albeit the last) weapon in the arsenal of a company trying to protect unpatented software technology while providing on-line services.
Columns & Departments
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
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
<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
Kapoor v. National Rifle Association of America
Columns & Departments
The Essential Guide to Entertainment Law: Intellectual Property<br>The Essential Guide to Entertainment Law: Dealmaking
Features
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
An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners.
Columns & Departments
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