Posts Tagged: Guest Contributor


#UNDECIDED: Trademark Protection for Hashtags

Can a hashtag be a protectable trademark? And when does use of another’s trademark in hashtags constitute infringement? Disagreement has arisen among the United States Patent …
By David Kohane
3 days ago 0

Should Section 101 of the Patent Act be Removed

David Kappos, the director of the USPTO under President Obama from 2009 to 2013, recently called for congress to repeal section 101 of the patent act. According to Kappos, the …
By Daniel Cole
4 days ago 39

Intellectual Property Court Established in Ukraine

After a decade of disputes and lobbying, Ukraine has finally joined the countries with special IP courts or patent courts, namely the United Kingdom, the United States, …
By Anastasiia Radomska
8 days ago 0

Technology Startups: The Game-changers of Virtual and Augmented Reality

With the advent of enhancements in audio-video technology, Virtual-Reality (VR) has taken the world by storm. While VR has been enjoying most of the limelight, another similar …
By Vivek Sharma
9 days ago 0

Brand Owners Watch as Smoke Clears on Plain Packaging Efforts

The major premise of plain packaging is that when stripped of producers’ logos, brand images and promotional matter, tobacco products simply aren’t as attractive to consumers. …
By Brian Focarino
11 days ago 2

Has the Supreme Court Breathed New Life into Patent Trolls in Halo and Stryker?

The chance of a court tripling damages for patent infringement has significantly increased. The Supreme Court, Halo Electronics, Inc. v. Pulse Electronics, Inc., et al. and Stryker …
By Chase Means
12 days ago 12

Congressional Action Required: Post-Expiration Patent Royalties

Though much of today’s proposed patent legislation is controversial, removal of the Brulotte rule remains largely uncontested by analysts and has historically garnered support on both …
By Leslie Ware & Jaden Warren
15 days ago 6

5 Steps Law Firms Should Take to Protect their Sensitive Data

It has become more apparent in recent years that cybercriminals looking to profit from sensitive data are zoning in on law firms and their wealth of client …
By Mark Stevens
15 days ago 0

Necessity is the Father of Invention

A lot has been said about mom inventors who came up with ideas to solve problems that revolved around parenting, but there are plenty of hands-on dads …
By Julie Austin
16 days ago 0

Misappropriation of a Trade Secret Under the DTSA

The DTSA amends the definition of misappropriation from what was found in the EEA to bring the definition more in line with that of the Uniform Trade …
By Peter J. Toren
17 days ago 0

Termination of an OED Disciplinary Proceeding: How A SOL Defense May Be Properly Construed

The Hearing Order concluded that the parties raised sufficient issues of material fact to warrant the ready-to-go Hearing to determine when respondent’s alleged misconduct was actually “…
By Steve Lipman
17 days ago 2

SEP Licensing: Looking Beyond Essentiality

Unlike other technologies (e.g. User interface) where the manufacturers have a choice to design around the technology of the patent, in case of SEPs, there is …
By Sachin Sinha
18 days ago 0

Innovation Lessons From a Billionaire

I did not start out to be an inventor,” writes the billionaire inventor and spinal surgeon Gary K. Michelson in the preface to a newly-published book entitled …
By Marshall Phelps
19 days ago 8

Is Enfish Much Ado About Nothing?

Enfish bothers me. The Federal Circuit decision puts forth some great phrases, but I am concerned that Enfish will not be as useful as hoped in overcoming §101 …
By Scott Zimmerman
19 days ago 15

Minimizing costs while ensuring foreign patent maintenance fees are timely paid

A few years ago, a clearly irritated client asked me why European maintenance fees were so expensive. Apparently, he had consulted the EPO schedule of fees and …
By Manuel Fortin
25 days ago 4