Posts Tagged: Guest Contributor
Protecting Creative Works After Fourth Estate v. Wall-Street.com
In a landmark ruling, the Supreme Court finally unequivocally answered the question about whether copyright owners need to receive a Registration Certificate from the Copyright Office before …
Trademark Litigation Review—What Happened in 2019 and What to Watch This Year
Two things are true about the world of trademarks—it is rarely boring, and something is always on the horizon. The following are some of the significant …
Seven Steps to Address Trade Secret Misappropriation by Whistleblowers
The primary purpose of the Defend Trade Secrets Act (DTSA) is to provide federal remedies to individuals and companies that have had their trade secrets misappropriated. That …
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 …
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’…
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 …
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. …
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. …
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 …
Privacy Policies and the Value of Data in Bankruptcy Sales
The last few years have seen unprecedented changes in the legal landscape concerning data protection and privacy. The European Union General Data Protection Regulation (GDPR) became enforceable …
A Global Look at Post Grant Patent Maintenance Fees
A patent maintenance fee is an official fee that is payable at prescribed intervals to a national patent office over the lifecycle of a patent application or …
What Brand Owners and Small Businesses Can Learn from Backcountry.com’s Trademark Enforcement Campaign
U.S.-based online outdoor goods retailer, Backcountry.com, has faced a significant social media backlash over the past month, with both customers and competitors publicly reacting …
Top Tips for Trying Your First (or Next) Patent Jury Trial
Writing about tips for trying patent jury trials is, in some ways, like teaching skills for hunting dinosaurs. To start, patent jury trials are challenging, which (presumably, …
