Posts Archive


It’s About Control, Not Exclusion: Why Trade Secrets Are Treated Like Property, Part 1

Sometimes it seems that trade secrets are always fighting for respect. I recently ran into a friend who teaches at a European university. He somehow found a …
By James Pooley
7 days ago 5

CAFC Affirms District Court Judgment on Coffee Cartridge Patents

On January 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision affirming the District Court’s judgment of invalidity as to …
By Randy Nguyen
7 days ago 1

Episode 15: Kevin Jakel of Unified Patents (Part 2)

This episode is the second and final part of our interview with Kevin Jakel, the founder and CEO of Unified Patents. On this episode, we continue the …
By IPWatchdog
7 days ago 0

Trade Secrets Review: Key 2019 Decisions and Trends (Part I)

In general, a trade secret is any information used in business if the owner has taken reasonable measures to keep such information secret, and the information derives …
By Peter J. Toren
7 days ago 1

Reflections on Denial of Cert in Athena Diagnostics

I was at the JP Morgan Healthcare Conference when I learned a week ago that the Supreme Court of the United States (SCOTUS) had denied Athena Diagnostic’…
By Sherry Knowles
8 days ago 24

This Week in Washington IP: Selecting the Next Register of Copyrights, 5G Workforce Concerns and Smart City Models for U.S. Communities

This week in Washington, D.C., Congress is relatively quiet while the House of Representatives enters a district work period. In the Senate, the Commerce Committee will …
By IPWatchdog
8 days ago 1

Responding to Criticism of ‘State Pharmaceutical Importation Programs Threaten Patients and Innovation’

A recent article by Dr. Kristina M. L. Acri née Lybecker highlighted her research about the fiscal workability of state pharmaceutical importation programs from two important …

Google v. Oracle: An Expansive Fair Use Defense Deters Investment In Original Content

Google v. Oracle America, a case pending before the United States Supreme Court, is a seemingly never-ending battle, since 2010, between two Silicon Valley behemoths. But now that …

How to Help Data Scientists Overcome Their Patent Doubts

When discussing patentable inventions with data scientists, I often hear them dismiss their inventions under arguments such as these: “We’re using the same tools as everyone …
By Jose Nunez
10 days ago 6

Other Barks & Bites, Friday, January 17: IP Provisions in Partial U.S.-China Trade Deal Are a Boon for Pharma, IBM Joins LOT Network, and Alphabet Hits $1 Trillion Market Cap

This week in Other Barks & Bites: The new China-U.S Trade Deal offers stronger patent dispute mechanism for drug companies; IBM joins LOT Network and tops the …
By IPWatchdog
11 days ago 11

Ninth Circuit Set to Clarify Aesthetic Functionality Doctrine

A case now pending before the Ninth Circuit, LTTB LLC v. Redbubble, Inc., Docket No. 19-16464, has the potential to clarify the controversial doctrine of aesthetic functionality. …

Intellectual Property Owners Association Seeks IP Policy Counsel

Intellectual Property Owners Association (IPO) is seeking an IP Policy Counsel. The candidate selected will report to the Executive Director and work closely with the Deputy Executive …

WIPO Prepares to Elect New Director General

There are 10 candidates declared to succeed Francis Gurry as WIPO Director General, when he retires in September this year after serving two six-year terms. One of them …
By James Nurton
12 days ago 0

Supreme Court Poised to Reverse CAFC Trademark Decision on Willfulness as Prerequisite for Profits Award

On Tuesday, the Supreme Court heard oral arguments in Romag Fasteners v. Fossil, Inc., Fossil Stores, I. Inc., Macy’s Inc, and Macy’s Retail Holdings, Inc. …
By Michael Greenberg
12 days ago 0

From Research to Market Value: Innovation Value Teams

In a recent article in Harvard Business Review, "Real Innovation Requires More Than an R&D Budget,” Dr. Gina O’Connor makes the case for having three …
By Curtis Droege
12 days ago 0