Avoiding Trade Secret Losses During Corporate Collaboration
May 01, 2020
Effective corporate collaborations — whether close customer relationships, supplier partnerships or formal joint ventures — demand that sensitive information be shared. Without proper agreements and well-defined boundaries, however, those corporate collaborations can lead to loss of trade secret protection and entangle the parties in litigation.
IP News
May 01, 2020
Federal Circuit: Method of Preparation Claim is Patentable
Federal Circuit: Same Party Cannot Join IPR Petitions under 35 U.S.C. §315(c)
Attorney's Fees After Octane: More Chances for Defendants to Even the Playing Field
April 01, 2020
With fewer restraints after Octane, district courts now have broader discretion to grant motions for attorney's fees. But understanding the circumstances under which exceptionality has been found is critical. Recent decisions by the Federal Circuit post-Octane provide some important guidance on when attorney's fees may be available under Section 285.
Swedish Music Industry Views: Part Two
April 01, 2020
Part Two of a Two Part Article
This article discusses, among other things, the Swedish music industry perspective on the European Union's Copyright Directive, the growth of multi-country music licensing hubs and the impact of Brexit.
Kozinski Angle In 9th Circuit's Led Zeppelin Ruling
April 01, 2020
Defendants Led Zeppelin and its music labels were the winners in the copyright decision by the Ninth Circuit over the song "Stairway to Heaven." But the estate of songwriter Randy Wolfe (p/k/a California) wasn't the only one who got the short end. Among the collateral damage from the ruling was a 2002 precedent written by former Chief Judge Alex Kozinski that endorsed the so-called "inverse-ratio" rule.
IP News
April 01, 2020
VARA Lives On: A $6.75M Lesson on Respecting Moral Rights
IP News
March 01, 2020
Northern District of Texas: Even Post-Berkheimer, Patent Claims Continue to be Ineligible for Patenting as a Matter of Law When They Are Not Drawn to Particular Technical Solutions or Advances Described in the Specification
Federal Circuit: The PTAB Cannot Institute Inter Partes Review on Obviousness Grounds Not Included in the IPR Petition, But Can Consider Evidence of "General Knowledge" in the Art
U.S. Supreme Court Reaffirms the American Rule In De Novo Challenges to the PTO
February 01, 2020
In 2013, the PTO adopted a new policy under which any party commencing a de novo proceeding challenging a PTO decision would be responsible to pay a pro rata share of the salaries of the government attorneys working on the matter. On Dec. 11, 2019, the U.S. Supreme Court rejected the PTO's new interpretation of the Patent Act and held that the American Rule, a centuries-old principle under which each party bears its own attorneys' fees, does apply to this statute.
