Posts Tagged: Guest Contributor


Patent Office Issues New AIA Rules

The U.S. Patent and Trademark Office recently issued an updated set of rules affecting trial practice before the Patent Trial and Appeal Board. In large part, …
By Christopher King 2 days ago 2

The Business of IP: Choosing Between Patents and Trade Secrets

In the field of Intellectual Property (IP) attorneys have options when counseling clients on how to protect their IP. However, these options remain subject to constant forces …
By Derek Handova 3 days ago 0

Knocking out the knockoffs: IP learnings from a successful TRO and seizure

Protecting intellectual property today is more challenging than ever, and the stakes are high. An open and rapid-fire exchange of information has become the norm in our …
By Shawn Kolitch 3 days ago 0

Supreme Court to Weigh in on Damages for Design Patent Infringement

Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s divergence from its …

Definition of a ‘Trade Secret’ Under the DTSA

In general, the form of the information qualifying as a trade secret under the DTSA is extremely broad, and includes information of any form, regardless of “how …
By Peter J. Toren 4 days ago 1

Will the Federal Circuit’s Enfish ruling have broader implications for data storage patents in general?

Days before this Federal Circuit decision, the Patent Trial and Appeal Board (PTAB) issued its decision for Informatica Corp. v. Protegrity Corp. The patent at issue in …

The Defend Trade Secrets Act of 2016 Creates Federal Jurisdiction for Trade Secret Litigation

There is now federal jurisdiction for trade secret theft. The DTSA creates a federal cause of action for trade secret misappropriation that largely mirrors the current state …

The Royalty Rate for a Subset of Standard Essential Patents – What Is Reasonable?

How can a patent that is deemed essential for a standard not be infringed in a product that implements that standard? One possible explanation could be that …
By Menno Treffers 6 days ago 1

Is the USPTO’s IPR Process Constitutional?

I represent MCM Portfolio LLC, which is seeking Supreme Court review of a recent decision of the United States Court of Appeals for the Federal Circuit upholding …
By Thomas Goldstein 8 days ago 50

A Legislative History of the Defend Trade Secrets Act of 2016

Legislative history is, of course, the compilation of the legislative process’ source documents—committee reports, hearing transcripts, bills and floor debate—to understand the Congressional intent behind …
By John Cannan 8 days ago 1

Defeating Patent Trolls with Failure to Mark

Many defendants to patent troll suits have never heard of the patent owner or its patent(s), and will have never received notice of infringement until service …
By Damian R LaPlaca 9 days ago 14

Are Genetically Modified Mosquitos the Answer to Ending Zika?

Health and government officials around the world are scrambling to find a way to prevent or cure the growing spread of the Zika virus. Could the introduction …
By Megan Ray Nichols 10 days ago 3

Inventions Make a Standard Competitive

When a standard faces competition, it is essential to be the first on the market with products and to establish the highest market share. The network effect …
By Menno Treffers 13 days ago 1

PTAB’s Factual Findings Were Sufficient, Standard Was Improper

The Court noted that decisions related to compliance with the Board’s procedures are reviewed for abuse of discretion. As far as the “reasonable expectation of success” …

Five Things to Know About the Defend Trade Secrets Act

On April 27, 2016, Congress passed the Defend Trade Secrets Act (“DTSA”), which President Obama is scheduled to sign later today. The DTSA extends the current Economic Espionage Act …
By Peter J. Toren 17 days ago 6