IP News
January 29, 2010
Highlights of the latest intellectual property news from around the country.
Guidelines for Starting an IP Practice in China
January 29, 2010
As more multinational companies turn their attention to, sell products to and open offices in China, intellectual property work will continue to skyrocket. How are international law firms responding? What are the barriers, if any, to entry? What are the best ways to set up an IP practice in China? This article answers those questions and provides a basic roadmap if you are contemplating entering this market.
Recent TTAB Decisions Highlight Challenges of Pleading and Proving Fraud after <i>Bose</i>
January 29, 2010
In <i>Enbridge Inc. v. Excelerate Energy Ltd. Partnership</i>, TTAB issued its first precedential ruling following the Federal Circuit's Bose decision on fraud, <i>In re Bose Corp.</i> <i>Bose</i> reversed a TTAB decision, finding that a trademark is obtained fraudulently under the Lanham Act only if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the USPTO.
The Treatment of Intellectual Property Under Bankruptcy Law
January 26, 2010
As the economy contracts and many companies are facing bankruptcy, a key question concerns the status of the IP that may have been assigned, transferred, sold or licensed if one of the parties to the transaction declares bankruptcy. This article discusses the issue.
IP News
December 18, 2009
Highlights of the latest intellectual property news from around the country.
PTO's Annual Report Reveals Declining Revenue and Application Numbers, Plus Dip In Backlog
December 18, 2009
The U.S. Patent and Trademark Office's fiscal year 2009 annual report indicates declining revenue and patent filings. Notably, there was both a dip in the backlog of patent applications and an increase in the time it takes for the agency to issue a patent. Some lawyers believe the former can be attributed in part to applicants abandoning applications because of the economic downturn.
IP Expenses
December 18, 2009
In-house lawyers can do great good for their companies by deploying IP assets to realize direct monetary return for their companies, but they are under more pressure to reduce expenses because of the inaccurate perception that IP-related expenses do not add to the bottom line, a perception that stems from accounting conventions.
Increased Delays Expected When Filing RCEs
December 18, 2009
The USPTO recently announced that it would implement internal changes to RCE docketing on Nov. 15, 2009, and will implement internal changes to the examiner count system by early 2010. These changes may significantly delay further examination of an application in which a RCE is filed, and consequently the ultimate issuance of a patent. To mitigate the effects of these changes, patent applicants may need to alter patent prosecution strategies going forward.
<i>Lucent v. Gateway</i>: A Closer Look at Patent Damages
December 18, 2009
In a move signaling a heightening of evidentiary scrutiny for patent infringement damage calculations, the Court of Appeals for the Federal Circuit, in <i>Lucent Techs. v. Gateway, Inc.</i>, vacated and remanded an almost $358 million award to Lucent based on Microsoft's infringement of U.S. Patent 4,763,356, entitled "Touch screen form entry system.
Restructuring in Canada
December 17, 2009
This article is an attempt to familiarize American readers with some of the nuances and new amendments you may encounter if you are involved in a Canadian insolvency situation.
