Posts Tagged: Guest Contributor


The Growing Problem of Online Counterfeit Products

Many states have statutes that make counterfeiting a state crime, but often only if the trademark is registered in that state. According to Lo Cicero, state registrations …
By Amanda G. Ciccatelli
2 hours ago 0

How to Get More Business When Patent Litigation Filings are Down

Lawyers often wonder how to enhance their marketability and in the process, generate more revenue or improve their image.   After all, success at a firm is about “…
By Bernard Knight
24 hours ago 6

Obviousness-Type Double Patenting Considerations

Obviousness-type double patenting (“ODP”) is a judicially created doctrine aimed at preventing patent owners from extending patent protection beyond the statutorily afforded term. Prior to the Uruguay …
By Aaron Reinhardt
1 day ago 0

Copyright Preemption in the Smart Phone Society: The Ninth Circuit Clouds the Picture in T3Media

There is no question that smart phones have transformed the social and economic structure of society, and the integration of increasingly effective cameras has helped spark the …
By Lee Burgunder
2 days ago 1

View from the Courtroom: What to Expect When You Try to Get a TRO in Your Unfair Competition Case

Experience shows that most unfair competition or trade secret theft issues can be resolved without the need for litigation; often, an exchange of letters between the parties’ …
By Steven Blackburn
4 days ago 3

What Will Not Work to Protect Trade Secrets or Enforce Non-Competes in California

Employers should think twice before including the unenforceable provisions in employment contracts merely for their deterrent effect. Such a practice is risky. If an employer terminates an …

Patent Portfolio Valuations – Importance of IP and Patents

Even though traditionally valuation professionals have used a combination of cost-based and market-based valuation, more and more practitioners are using income-based valuation in combination with market data.  …
By Dr. Masoud Vakili
8 days ago 1

What TC Heartland v. Kraft Food Group Brands Means for Patent Infringement Suits

Under the Federal Rules of Civil Procedure, a party waives its right to assert a defense of improper venue when it fails to raise the defense in …
By Jennifer Tempesta
9 days ago 3

Who Owns the Rights to the Word ‘Covfefe’?

“Filing a trademark application with the goal of claiming a right to a particular term – with nothing more – is a fundamental misunderstanding of our trademark laws,” Alston & …

Equitable Estoppel After the Loss of Laches from SCA v. First Quality

Equitable estoppel may be appropriate for the defendant in SCA v. First Quality since the plaintiff was silent for years after the defendant asserted invalidity (possibly fulfilling …
By Ryan Kenny
10 days ago 3

How Does the UK Trade Mark Registration System operate?

The news headlines are becoming ever more populated with stories of big brands trying and failing in some instances to register a trade mark for their product. …
By Gemma Trencher
10 days ago 0

Parties Agreement to Settle Issues Does Not Extinguish Board’s Ability to Determine Patentability

However, what if the Board refuses to terminate an IPR despite a joint request by both parties based on a settlement and proceeds to a final written …
By Hyunseok Park
11 days ago 16

California Non-Competes: Things You Can Do ‘Around the Edges’

There are not many things an employer can do to prevent unfettered competition by a former employee. B&P Section 16600 states that “every contract by which anyone …

Restricting Patents on New Combinations and Uses of Medicines Makes No Sense

IP-skeptics charge that these inventions are little more than a way for pharmaceutical companies to cynically prolong patent life and maximize profits, without providing any meaningful innovation. …
By Philip Stevens & Jack Ellis
13 days ago 5

Inspiration vs. Copying: Where’s the Line in Hollywood?

When it comes to television shows, it not always clear what is “copyrightable.” Sometimes, filmmakers and screen writers can get into serious trouble if they don’t …
By Amanda G. Ciccatelli
13 days ago 3