IP News
December 31, 2015
Federal Circuit Vacates PTAB Decision On Obviousness <br>Federal Circuit: <i>Inter Partes</i> Review System Is Constitutional<br>Federal Circuit Affirms PTAB Decision Finding Negative Claim Limitation Satisfies 35 U.S.C. '112
Marijuana and Bankruptcy? Not Really
December 31, 2015
Like many others, parties engaged in or deriving income from the legal commercialization of medical marijuana, either directly or through another party are not immune to financial distress, and sometimes, seeking bankruptcy relief may be strategic or necessary. Unfortunately, Marijuana-Related Parties have found elusive the protections and benefits under the Bankruptcy Code.
Protecting Your Company's Data from Security Breaches
December 31, 2015
This article explores some steps counsel can take to protect their organizations from a data breach, and how counsel can proactively help to mitigate any adverse impact in the unfortunate event a data breach occurs.
Federal Civil Trade Secret Legislation
November 30, 2015
Businesses regularly lose precious data, sometimes even "the crown jewels," through trade secret theft by departing employees, unscrupulous contractors and others. Although trade secret theft is estimated to cause billions of dollars in damage every year, no federal civil claim for trade secret misappropriation currently exists. State laws govern these assets, and they are inconsistently applied. Relief may be in sight.
Apportionment of Lost Profits Damages Appears To Be Making a Comeback
November 30, 2015
The issue of damages remains a hot topic at the Federal Circuit, with patentees being continuously reminded that damages must be apportioned to account for the value of patented features, as opposed to unpatented features, of an accused product. However, the vast majority of these cases involve apportionment in the context of reasonable royalties. Very little has been said about apportionment in a lost profits analysis.
Student Athletes And Compensation For Likeness
November 30, 2015
In the last few years, every college football fan became familiar with "Johnny Football," "The Honey Badger," and "Famous Jameis." These recognizable names are not only associated with Heisman-quality talent, but also with the new world of student athlete trademark registrations.
IP News
November 30, 2015
Federal Circuit Affirms Anticipation of Claims <br>Federal Circuit: No Jurisdiction Over Appeal By Interested Third-Party Attorneys When Underlying Case Had Settled<br>In IPR Appeal, Federal Circuit Reverses PTAB Determination of Nonobviousness
IP News
November 02, 2015
Federal Circuit: The PTAB Determination of the Timeliness of an IPR Petition Is Part of the Initial Decision to Institute an IPR, and Is Not Reviewable on Appeal <br>Federal Circuit: Laches Is an Affirmative Defense to Patent Infringement Codified in 35 U.S.C. '282
Crazy for Fair Use
November 02, 2015
The Ninth Circuit has held that fair use is an exception to copyright law and not a defense, in the first federal appeals court ruling on this issue. The decision is the latest in the ongoing battle between plaintiff Stephanie Lenz and defendant Universal Music Corp. and affiliated companies (Universal). Starting in a rural kitchen in Pennsylvania, the case is now a landmark decision in copyright law that protects many home videographers.
