Intellectual Property Law Blog

Archive for the ‘Litigation’ Category

UPC Update: Surprise UK Elections Likely to Delay Start of Unitary Patent System

June 7th, 2017

As we have discussed previously, European Union member countries are completing the final steps to implement an intergovernmental system that will streamline the process for securing and enforcing patent rights across Europe. Having a simpler, centralized system in place will open up a new patent portfolio management strategy for small and medium-sized IP-driven companies.

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U.S. Supreme Court Upsets 30 Years of Precedent, Changing Where Companies Can Be Sued for Patent Infringement

May 22nd, 2017

The U.S. Supreme Court on Monday, May 22, 2017, changed the playing field regarding where patent owners can file infringement lawsuits against accused infringers.

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USPTO Closer to Recognizing Patent Agent Privilege?

December 9th, 2016

By Carly A. Shanahan, Ph.D. A key element of our justice system, the attorney-client privilege, was put in place to ensure that every citizen can obtain sound legal advice. Confidences discussed with an attorney in order to obtain legal advice are privileged from discovery in litigation. When it comes to the protection of intellectual property…

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Trademarks Update: Supreme Court to Decide Constitutionality of Disparagement Provision

October 20th, 2016

The U.S. Supreme Court is poised to answer a question that has plagued federal trademark law for decades: Does the government have the right to refuse to register trademarks which it has deemed “disparaging?” And, given that the First Amendment prohibits our government from restricting speech, does it make sense to have the U.S. Trademark…

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NO PATENT FOR YOU! Can a software-related claim that recites only generic computer elements be statutory under 35 USC 101?

July 21st, 2016

By Clark A. Jablon, Esq. Unlike the infamous Seinfeld “Soup Nazi” episode – in which you could get your soup if you just kept your head down, did not engage in small talk with the owner, or ask for free bread – software inventors are finding it difficult, and sometimes impossible, to obtain patents or…

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What Does the Brexit Vote Mean for IP Protection?

July 7th, 2016

By Martin G. Belisario and Bridget H. Labutta As is well known by now, the citizens of Great Britain have chosen to leave the European Union (EU), a move popularly dubbed the “Brexit.” Despite the economic upheaval and media firestorm surrounding the vote, the realm of intellectual property law is unlikely to see any immediate…

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How to Respond to a DMCA Takedown Notice

April 15th, 2016

So, you’ve received a Digital Millennium Copyright Act takedown notice. What do you do now? Any company with a website or a blog knows the power of content. Blog posts, photographs, videos, infographics and more are vital components of today’s digital economy – an economy that seems based on the widespread sharing of art, creativity,…

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Top Patent Trends for 2016

January 13th, 2016

By Clark A. Jablon The protection of intellectual property rights through the use of patents remains critically important in today’s global economy. Court decisions in 2015 affected important elements of patent law and laid the foundation for continuing evolution of the law in 2016. Here is a roundup of patent trends to watch out for…

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3 Top IP Moments of 2015

January 7th, 2016

It’s that time of year when seemingly every blog and online publication posts year-end “listicles,” and, for better or worse, we are no exception. It’s more difficult for us, though, because as engineers and intellectual property attorneys, we prefer objective analysis. “Biggest,” “best,” and other superlatives are invariably laden with subjective judgment. In a year…

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What is the Status of Patents for Software Inventions, Post-Alice?

October 15th, 2015

By Clark A. Jablon, Esq. It has been more than a year since the U.S. Supreme Court issued its decision in Alice v. CLS Bank which ruled that the two-step Mayo analysis should be applied to all patents in determining patent eligibility under 35 U.S.C. 101. While this analysis provides a few bright line rules…

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