Posts Tagged: Guest Contributor


Congress Initially Rebuffs SCOTUS Dominance of Patent Law, But Not for Long

The chaos created by this forum shopping was exacerbated by differing views of what in these rulings by SCOTUS was holding, and what was simply dicta.  Together …
By Eric Guttag
3 hours ago 0

Why is SCOTUS Creating a Federal Common Law of Patents?

What makes SCOTUS’s assertions in patent law jurisprudence that there are these “exceptions” or additional “requirements” particularly annoying to many of us in the patent bar …
By Eric Guttag
2 days ago 34

FTC v. Qualcomm: Court Requires Licensing of Standard Essential Patents to Competitors

The Qualcomm decision is unique in that it appears to be the first decision to require a SEP holder to license its patented technology to its competitors, …

To Shift or Not to Shift: Burden Shifting Framework and the PTAB

Earlier this year, in E. I. du Pont de Nemours & Co. v. Synvina C.V. (Fed. Cir. 2018) (“Dupont v. Synvina”), the Federal Circuit found that the Patent …

The Role of Stupidity in Trade Secrets

Although every case had its own special facts reflecting unique personalities, technologies and business models, one necessary element was present in every single case. Somebody had done …
By James Pooley
10 days ago 4

Federal Circuit Maintains Full-Court Press on Converse’s Chuck Taylor Trade Dress

On October 30, the Federal Circuit Court of Appeals reversed a decision from the International Trade Court invalidating the Converse Chuck Taylor sneaker design trade dress.  Converse Inc. …
By Thomas Williams
11 days ago 0

Trademark Applications Surge as Overseas Brands Enter U.S. Market

The number of trademark applications being filed by foreign companies with the United States Patent and Trademark Office (USPTO) has been growing steadily – and in China’s …
By Mark Peroff
12 days ago 0

Managing Trademark Clutter in a Busy IoT World

The default position of brands has often been to protect as many marks as possible, driving other applicants out and helping establish a well-known and profitable identity. …
By Jayne Durden
13 days ago 1

Proprietary Techniques vs. Employee Rights: The struggle to balance competing interests

It’s football season, so of course we should be talking about beer. Specifically, beer secrets. For fourteen years James Clark had an enviable job at Anheuser-Busch, …
By James Pooley
17 days ago 1

Protecting Your Brand Portfolio: Four Steps for a Proper Trademark Audit

A trademark audit is a review of a brand owner’s current trademark portfolio to ensure that the brand owner’s trademark usage and trademark holdings are …
By Alice Denenberg
17 days ago 0

Counterfeiters to target Millennial shoppers on Black Friday: How can brands fight back?

Black Friday is one of the most important retail events of the year for brands and consumers alike. This sales event is particularly tempting for price-centric Millennials …
By Laura Urquizu
22 days ago 0

Use of the Book of Wisdom in Reasonable Royalties

Courts consistently focus on the availability of non-infringing substitutes as of the date of the hypothetical negotiation. In most of the cases reviewed, the determination of available …
By Mark Pedigo
23 days ago 1

International Trademark Lessons from the Bayer-Belmora FLANAX Trademark Fight

A closely watched cross-border trademark case finally has been resolved, and the results of the case have implications for global trademark holders. A  U.S. District Court …
By Jennifer Itzkoff
28 days ago 4

Licensed to Thrive: A Due Diligence Roadmap for Would-Be Software Licensors

When it comes to gathering information prior to settling on a prospective licensee, less is certainly not more. For this reason, companies angling to license software must …
By Peter Cifichiello
29 days ago 1

Secrets of Social Media: Who owns social media accounts?

Andy Bitter, a former sports journalist covering the travails and triumphs of the Virginia Tech football team, was sued last month by his former employer, a local …
By James Pooley
1 month ago 3

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