Posts Tagged: Guest Contributor
Copyright and Fair Use in the Age of YouTube
The opinion acknowledges, in a footnote on page 3, that videos of the type that the Klein's created, is not unique. Instead, it is part of a growing …
Askeladden LLC Submits Another Amicus Brief Advocating Against Tribal Sovereign Immunity for PTAB Proceedings
In this regard, a PTAB proceeding is not a suit in court, but instead an administrative proceeding in which the Patent Office (through the PTAB) takes “a …
A Costly Haircut
Lebron James and Nick Saban are well-known for dominance in their respective sports of basketball and college football. Recently they found themselves opposing each other in an …
Making your Markle: Royal emblems and souvenirs
Souvenir manufacturers need to ensure that consumers are not misled into believing that the Royal Family has commissioned or otherwise endorsed their souvenirs. A breach of the …
Patenting Antibodies: Written Description Considerations in Antibody Patents
The Amgen v. Sanofi decision put most functional antibody claims into question, including epitope and competitive binding claims, as well as antibody claims based on a newly …
Developing a US innovation policy bolstered by strong IP protections
While the goal of developing a US innovation policy bolstered by strong IP protections was the focus of the event it was clear that competition with China, …
Vanda v. West-Ward: This Time, Dosage Adjustment Claims are Patent Eligible Subject Matter
The Federal Circuit’s decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, No. 2016-2707, addresses the complicated topic of patent eligibility in the pharmaceutical space. Much of …
Patent Valuation, Discount Rates and the Global IP Index
Suppose you are valuing a large patent portfolio with issued patents and pending applications in more than 20 countries throughout the world. One of your tasks would be …
How to Effectively Derive Return On Investment (ROI) From US Federal Research Intellectual Capital
A massive amount of intellectual capital gets created every day from $150 billion in annual research funding allocated to federal laboratories and universities in the United States. Unfortunately, …
Apple v. Samsung Retrial: An Opportunity to Finally Clarify Design Patent Law
On May 14th the next chapter in the Samsung v. Apple smartphone design patent dispute will commence in the United States District Court for the Northern District …
Surviving Alice: Counseling the Client
In accordance with the above discussion, particularly point (a), the client should be apprised of the necessity of fully fleshing out the inventive aspects of the technical …
Federal Circuit Treatment of Inherency Arguments Aimed at Method of Treatment Patent Claims
This article examines Federal Circuit case law analyzing validity challenges to method of treatment patent claims where the claims at issue are alleged to recite an inherent …
Rapid changes in the Chinese legal system, an increasingly attractive venue for IP litigation
For many years, foreign companies were reluctant to seek and enforce intellectual property protection in China. A combination of challenging litigation with low damages, the lack of …
13 Tools to Make Your Client Communications Stronger
We must communicate effectively to be helpful. If the client isn't listening because our delivery is ineffective or off-putting, it doesn't matter that our legal opinion was …
Image Rights: Valuable Intellectual Property
The cult of celebrity keeps creating more and more wealth. And concurrent with protecting that, 'Image Rights”'have been receiving a lot of publicity – as well as …
