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American Bar Association




Strategic Protection of Knowledge Assets: Wearable Tech Features

By Candice Decaire and Dario Machleidt

Are wearable tech features better protected by patent, copyright, or as mask works/trade secrets?


Making Sense of "Things" in a Programmable World

By Peter H. Hanna

Lessons from the smartphone patent wars and how they may apply to future IoT-related litigation.


Doctrinal Quandaries with 3D Printing and Intellectual Property

By Lucas S. Osborn

Patent owners will want to control the digital files, and that is where the doctrinal difficulties begin.


E-Discovery and the Internet of Things

By Maureen O'Neill

The pervasive nature of online connectivity dramatically changes our lives, but it also brings material changes to electronic data in litigation.


Shall We Dance? FDA Biosimilar Approval Process Litigation Options

By Henrik (Rik) D. Parker

The litigation options available to biologic innovators and biosimilar applicants are in flux as district courts and the Federal Circuit interpret the BPCIA.


International Conflicts over Patenting Human DNA

By Alyson L. Wooten

The High Court of Australia recently emphasized the public policy issues concerning gene patents.


Unanswered Issues in the Federal Circuit's Amgen v. Sandoz Decision

By Ronald C. Kern Jr.

Although the Federal Circuit declined to rehear the case, lower courts are beginning to address unresolved issues regarding biosimilars.


Biosimilar Litigation in the United States and South Africa

By Jonathan Stroud, Jarrad Wood, and Ronny Valdes

A comparison of pharmaceutical litigation in the United States and South Africa can teach us about the future of biosimilar litigation.


Analysis of the Five Amicus Briefs in Amgen v. Sandoz

By Christopher VanDeusen

They address whether the patent dance is mandatory and whether notice of pre-FDA-approved commercial marketing is effective.


Practice Guide to Section 285 "Exceptional Case" Findings

By John Kenneth Felter and Vincent Ling

Experienced practitioners highlight factors courts consider post-Octane in finding a case "exceptional."


Awards of Attorney Fees under the Lanham Act Post-Octane Fitness

By Michael D. Steger with Paul Cirner

District courts appear to be embracing a totality of the circumstances test.


Strategies for Preventing an Award of Attorney Fees

By Kristopher L. Reed and Samantha Picans

Minimize the risk of section 285 sanctions.


Fee-Shifting Decisions Can Trigger USPTO Ethics Investigations

By Michael E. McCabe Jr.

The cost of Octane is that any court or media report of misconduct alerts the USPTO to a potential ethics violation.


Recovery of Expert Fees Driven by More Than Octane

By Daniel W. McDonald and Linhda Nguyen

To truly make the prevailing party whole, Congress should amend the attorney fee statute to include expert fees.


Octane and Highmark: One Year Later

By Alison Haddock Hutton and S. Neil Anderson

After the standard for granting and reviewing attorney fee awards was relaxed, data show an increase in successful motions for them.


International Patent Exhaustion and Postsale Restrictions

By Joshua D. Curry

Federal Circuit en banc will soon address whether foreign sale exhausts patent owner's rights and whether limits on patented items are enforceable.


The Implications of the Supreme Court's Recent Trademark Rulings

By Richard S. Mandel

Decisions on tacking and issue preclusion may impact likelihood of confusion issues in TTAB proceedings.


The Federal Circuit's Application of Alice Corp. v. CLS Bank

By Ben Hodges

In one year, computer software inventions have been found eligible for patenting just once.


Federal Circuit Claim Construction after Teva

By Joseph L. Stanganelli, M. Eric Galvez, and Bella S. Satra

Post-Teva, if the district court adopts extrinsic evidence as part of its decision, the ruling may be preserved upon review.


Commil v. Cisco Systems: The End of Induced Infringement?

By Jonathan A. Choa

Recent decision confirmed requirement of both knowledge of the asserted patent and the infringing nature of the accused acts.


Procedural Grounds for Raising a Section 101 "Alice" Motion

By Kenneth R. Adamo, Eugene Goryunov, Greg Polins, and Rajat Khanna

These motions may be made at nearly every stage of the case, but early challenges are more likely to be successful.


Facing Section 101 Challenges in the Biological and Chemical Arts

By Leslie T. Grab and Cynthia B. Rothschild

Recent USPTO guidance and court decisions provide strategies for current and future litigants.


Supreme Court Resurrects Its Jurisprudence on Patentable Subject Matter

By Chris Mitchell

With the advent of business method patents and their increasing involvement of litigation, the exceptions to section 101 patentability are once again considered.


Combating a Petition for CBM Review on Section 101 Grounds

By Stan Schlitter

Ensure that the patent challenge is valid.


Defensive Strategies in View of the Changing Patent Eligibility Landscape

By Nate Cassell and Jennifer Giordano-Coltart

Portfolio audits and further prosecution before the USPTO may help patent owners hurdle the higher bar.


Section 101 Challenges in the Courts and at the PTAB

By Daniel E. Cummings

Data comparison reveals that patent challengers have been more successful in one arena over the other.


Trade Secrets: What's the Price of Stealing Information?

By Walter Judge

Damages for misappropriation can be full refund of disloyal ex-employee's severance pay.


Keep Your 'Friends' Close

By Helen H. Ji

Can businesses protect social media contacts as trade secrets?


Obtaining Exclusion Orders in the USITC and Injunctions in District Courts

By Bryan A. Kohm and Lauren E. Whittemore

Learn about the limits and advantages of obtaining an order or an injunction for infringement of imported products.


Trade Secret Litigation in the USITC

By Bryan Schwartz and Nicole Lai

Are there benefits for litigating in the U.S. International Trade Commission?

Domestic Industry: Reconciling Bally/Midway with USITC Practice

By James Tonthat

The decision to evaluate postcomplaint activities is consistent with Federal Circuit precedent, USITC practice, and public policy.

Mediation at the USITC

By Merriann Panarella

A new program provides an alternative to costly section 337 investigations.


Broadest Reasonable Interpretation at PTAB Approved in First Federal Circuit Decision

By Robert M. Asher

Challenges to issued U.S. patents have grown at an alarming rate since 2012.


How Broadly Will the Fox v. Dish Court Interpret ABC v. Aereo?

By Alison Hutton and Alice Snedeker

Should the Court's holding be limited to the type of technology at issue or expanded to include Internet streaming of copyrighted programming?

Magic, Pantomime, and Copyright: New Developments

By Mark G. Tratos and Bethany L. Rabe

Illusions involving pantomime can be protected and enforced under copyright law.

Craft a Stronger Defense by Distinguishing Parody from Satire

By Nancy A. Del Pizzo

Post-Acuff-Rose, artists will have a stronger fair use defense if their work critiques an original work (a parody) rather than merely ridicules it (satire).

Unpaid Royalties on Pre-1972 Recordings: Mony Mony!

By Michele M. Riley and Erich Kirr

In the absence of federal copyright protection, owners of pre-1972 recordings may turn to state law to collect unpaid royalties.

Filing a Copyright Complaint When the Application Is Pending

By W. George Wailes

The circuit courts are split on whether filing an application provides sufficient basis for a copyright infringement claim.

Marvel-Kirby Dispute Settles on Eve of SCOTUS Conference

By Jessica S. Nam

Legendary comic book characters deemed "works for hire."


Summary Judgment on Copyright Damages: New Guidance

By Mark G. Tratos and Bethany L. Rabe

WrestleMania XXIV sparked an unexpected match: DJ Anthony Dash vs. famed champion boxer Floyd Mayweather Jr.

Developments in Injunctive Relief in Health Care Patent Cases

By Mark Rachlin

Chief Justice Roberts's interim order injects ambiguity into the analysis of "at risk" launches.

Presumption or Proof? Establishing Irreparable Harm in Trademark Cases after eBay

By Mark S. VanderBroek and Lucas A. Westby

A lawyer litigating a plaintiff's trademark case cannot count on a presumption being applied.

Patent Trolls: Can You Sue Them for Suing or Threatening to Sue You?

By Bradley P. Nelson

Victims of abusive patent assertion tactics may have the option of turning the tables.

Statutory Damages under Lanham Act Section 35(c) Related to the Use of Counterfeit Marks

By Sharmian L. White

Subsection 1117(c) offers an alternative to proving actual damages.

Are Attorney Fees Now Easier for Patent Owners to Recover Absent Willful Infringement?

By Mark M. Supko

Supreme Court expands authorization for a district court judge to impose a fee award.

Consumer Surveys and Other Market-Based Methodologies in Patent Damages

By Shankar Iyer

Changes in demand of analyses of patent damages may force "traditional" damages experts to give way to marketing experts and economists.

Partial Institution by PTAB Violates the AIA—And There Is a Simple Solution

By Tim Wilson and John Sieman

The partial institution of a trial on only a subset of the challenged claims violates the AIA and needs to be corrected, before we need to revisit cases that have already been decided.

Harmonizing Standards for District Court and PTAB Claim Construction

By Robert M. Asher

With the emergence of new AIA post-grant proceedings, the time is right for the Federal Circuit to bring greater uniformity to claim construction.

Amending Fences: Early Failures Amending Claims in Inter Partes Review

By P. Andrew Riley and Jonathan R.K. Stroud

Despite the PTAB's denial of nearly all motions to amend, there are valuable lessons for patentees that can lead to better outcomes in the future.

The Use of Inter Partes Review Petitions in ANDA Litigation

By Matias Ferrario, Jennifer Giordano-Coltart, and Leslie Grab

A discussion of general strategies concerning the use of IPRs in the pharmaceutical context and special issues that may arise when there is a concurrent ANDA litigation proceeding.

Is That a Complaint? The Grey Area of 35 U.S.C. Sec. 315(b)

By Herbert D. Hart III, Malaika D. Tyson, and Robert F. Kappers

A look at notable decisions that provide guidance on avoiding the statutory bar of 35 U.S.C. Sec. 315(b) to filing inter partes review petitions.

Qualification for Covered Business Method Review

By Paul C. Haughey

CBM reviews are proving to be a powerful and increasingly popular method to challenge business method patents. New decisions provide more examples of the boundaries of what is considered nontechnical and financially related.

Pleading Plausible Trade-Secret Claims under Twombly and Iqbal

By Ronald T. Coleman Jr.

Plaintiffs must allege enough specific facts supporting their claims for relief in order to meet the enhanced standard.

Delaware's Judge Stark Outlines New Patent Case Management Practices

By Chad S.C. Stover

"The times they are a-changin.'"

Protecting Trade Secrets Stored in the Cloud

By Benjamin J. Bradford, Justin A. Maleson, and Michael T. Werner

Steps to take to maintain the secrecy of sensitive information.

Inside Trade-Secret Investigations at the U.S. International Trade Commission

By P. Andrew Riley

A look at the requirements and advantages of pursuing a misappropriation claim at the ITC.

On the Importance of Early Identification and Getting Specific

By Casey Mangan and Jeffrey A. Wakolbinger

A survey of recent cases underscores the need for plaintiffs to pin down the particular information alleged to be trade secrets early on.

Unraveling the Doctrine of Inevitable Disclosure

By Linda K. Stevens

When an employee's mobility can imperil trade secrets, this approach may provide an answer.

Key Defenses to an Accusation of Trade-Secret Misappropriation

By Onika K. Williams

A crash course for young lawyers.

Understanding the Economic Value of Trade Secrets

By Glenn Perdue

The monetization of this type of intellectual property lies in the proprietary competitive advantage it yields.

E Pluribus Unum: The Homogenization of Trade-Secret Law in the European Union

By David J. Gluck

The proposed directive seeks to bring the EU's law in line with that of the rest of the world's leading economies.

The Right of Publicity in Video Games Plays Hardball with the First Amendment, Part 2

By Guylyn R. Cummins

Analyzing implications of the Keller ruling.

Vermont Enacts Legislation Against Patent Trolls

By Walter E. Judge Jr. and Eric A. Poehlmann

The first-of-its-kind bill gives companies the legal ability to fight back against patent owners acting in bad faith.

The Right of Publicity in Video Games Plays Hardball with the First Amendment

By Guylyn R. Cummins

Part 1: A play-by-play of the Hart v. Electronic Arts decision.

Patent Litigation: The Role of State-Law Causes of Action

By Paul C. Van Slyke

Although traditionally a federal domain, patent litigators must be aware of the role that state law can play in their practice.

The "Silver Lining" of Other Claims in IP Litigation

By Mary Craig Calkins and Daniel H. Rylaarsdam

They might trigger insurance coverage!

Preemption Is No Secret

By John A. Stone

Exploring the preemptive effect of trade-secret legislation.

Gray Matters: Statutory Remedies for Sales of Unauthorized Parallel Goods Post-Kirtsaeng

By Michael Steger

It appears that brand owners may be moving toward Lanham Act claims.

Claim Scope Statements in U.S. Patent Office Litigation Proceedings

By Kenneth R. Adamo

As part of the AIA, Congress revised 35 U.S.C. Section 301 to allow such submissions.

When Right of Publicity and the First Amendment Collide

By Mary Ellen Roy

Does venue determine outcome?

Local Patent Rules: A Survey of District Courts

By Ben Hodges

A closer look at the different approaches followed by 26 districts.

Filing a Renewed Motion to Stay Litigation

By Erwin Cena

Issues and strategies to keep in mind when requesting a patent reexamination.

Patent Litigation in Germany

By Volkmar Henke and Rainer Boehm

A look at some of the peculiarities of the German court system that prompt patent holders to conduct their litigation there.

Rise of Remedies in Chinese Courts

By Kenneth S. Chang and Jeffrey M. Connor

Do recent changes indicate a trend toward better enforcement of patent rights in China?

Foreign Infringement in Imported Products

By Jillian A. Centanni

An analysis of the implementation of 35 U.S.C. § 271(g).

"Lawfully Made under This Title"

By Christopher A. Mitchell and Matthew J. Snider

The new, global reach of the first-sale doctrine.

Trademark Rights in a Global Economy

By Lisa M. Tittemore

Protecting and enforcing well-known and famous marks in the United States and other jurisdictions.

Unpacking the Louis Vuitton v. Warner Brothers Decision

By Andy Bart and Gianni Servodidio

The case centers on the cameo of an allegedly counterfeit Vuitton bag in the comedy, The Hangover: Part II.

Prank as Parody?

By James W. Faris

Enforcement of trademark rights against "identity correction" imposters.

Calculating Defendants' Profits

By Juli Saitz

Exploring different approaches to this inexact science.

Valuing Standard Essential Patents

By Peter Quies

An examination of announced FRAND royalty rates for LTE.

Minding Your Manners: From Cease and Desist to Please and Thank You

By Joseph "Casey" Mangan and Geri Haight

Trademark owners and their counsel have reason to pause before firing off a hasty C&D letter to an alleged trademark infringer.

Think Twice Before Posting Online

By Jillian A. Centanni

Users concerned with maintaining their rights under copyright law should consider the consequences of posting any materials on social-networking sites.

What's the Point with Pinterest?

By Lindsay A. Victor

Pin with care to avoid potentially being held liable for copyright infringement.

You Can't Say That on Facebook . . . or Can You?

By Mary Ann L. Wymore and John E. Petite

Approaches to enforce your rights when copyrighted works are posted without permission.

You're a YouTube Star! Now What?

By Mary Ann L. Wymore and John E. Petite

Approaches to enforce your rights when copyrighted works are posted without permission.

The Heightened Domestic-Industry Standard for NPEs

By Reza Mirzaie and Irfan A. Lateef

Nonpracticing entities must weigh the benefits of International Trade Commission relief against the risks of failing to prove the domestic-industry requirement.

Making Sense of Prometheus

By Marc Goldman and Bradford Lyerla

In the Prometheus decision, the Supreme Court explained the arguments for both a broad view and a narrow view of Section 101 of the Patent Act.

Deconstructing Inventorship: A Method to the Madness

By Paul R. Coble and Carrie C. Ruzicka

Credit for inventing a novel chemical composition requires two distinct criteria—knowledge of the chemical structure of a compound and the operative method of making it.

Scope of Waiver: Post-Seagate Trends

By Reginald J. Hill and Nangah N. Tabah

The standard for determining the scope of a waiver of attorney-client privilege is well-established. The scope of a waiver of work-product immunity, however, is more nuanced.

Is MDL Still Possible When Joinder Is Improper?

By Audra Dial

The use of MDL consolidation can circumvent the policy considerations of the AIA, forcing defendants into one lawsuit for discovery and claim construction.

The Pendulum Swings: Bosch and Permanent Injunctions

By Christopher B. Lay

Courts historically have granted patent injunctions in all but extreme circumstances, but granting or denying an injunction should be determined by traditional equitable principles.

Section 101: A Defense to Assert Early (and Often)

By Charles A. Bieneman

Upon reading certain patent claims, most seasoned practitioners know potential Section 101 invalidity when they see it. So what is an accused infringer to do?

Use-Based Damage Theory Garners an Unreasonable Royalty

By Konrad Sherinian

Use-based theories can not only assess royalties, but they can lead to significantly higher dollar awards than sales-based theories or lost profits.

ICANN Struggles to Manage its Expansion of the Web

By Stephen Flug

ICANN still has a lot of work to do to fix technical malfunctions and to correct procedural oversights that look to hamper the implementation of the gTLD program.

The Broad Spectrum of Trade Secret Damages

By Glenn Perdue

The wide variety of economic facts and circumstances encountered in trade secret cases leads to the need for flexibility in the calculation of damages.

Patent Damages in the Wake of Uniloc v. Microsoft

By Shankar Iyer

Even after this federal case, significant gray areas remain in the calculation of reasonable royalty patent damages.

Showing a Disgorgement of Profits under the Lanham Act

By Oliver Alan Ruiz

Some circuits require evidence of willful infringement as a prerequisite to an award of profits, while others have decided that it is only one of many factors to be considered.

Willfulness under the America Invents Act

By Rick Sanchez

Section 298 says that the failure of an infringer to obtain the advice of counsel may not be used to prove that the accused willfully infringed a patent.

Willfulness and the Current State of Trademark Damages Law

By Jonathan A. Menkes

It is time for appellate courts to weigh in and determine whether willfulness is a requirement for the recovery of a defendant's profits.

Is Actual Confusion Required to Recover Actual Damages?

By Charlene R. Marino

A claim for actual damages can be based on all elements of injury to the business of the trademark owner, such as injury to business reputation or the mark's goodwill.

The Increased Scrutiny of Reasonable Royalty Damages Awards

By Steven R. Hansen

Because the patent holder bears the burden of proof, scrutiny may collide with the statutory mandate that patent holders receive no less than a reasonable royalty.

Inter Partes Review: The New Markman Hearing?

By Robert M. Asher

Inter partes review could be a big hit and may even replace Markman hearings as the defining moment in many patent litigations.

Joinder Limitations in the America Invents Act: Big Change?

By Chandran B. Iyer and Ryan M. Corbett

While section 299 does not change the standard for joining multiple defendants in one suit, its impact will be felt, given its prominent placement in the patent laws.

How the America Invents Act Revived the Prior-User Defense

By Jeff Mikrut

The new prior-user defense provides innovators with a clear and functional defense that will hopefully spur more innovation rather than less.

Words Method vs. Invention Method of Claim Construction

By Brad Lyerla

There are two, likely irreconcilable, methods for doing claim construction, but the case law does a poor job of recognizing them.

New Avenues for Hatch-Waxman and Biosimilar Litigation?

By Richard Pettus and David Joyal

Post-grant review proceedings have the potential to drive the earlier resolution of branded-generic company conflicts through expedited validity determinations or settlements.

Effects of the America Invents Act on Inventorship Disputes

By Janelle D. Waack

Patent-owner disputes will be addressed by civil action in a district court, whereas patent applicant disputes will be addressed by derivation proceedings before the PTAB.

An Update on Delaware Standards for Discovery Issues

By Chad S.C. Stover

Several important developments in the District of Delaware fundamentally change the procedures that litigants should expect.

First-Sale Doctrine Only Applies to Goods Made in America

By Andrew Berger

In its most recent ruling, the Second Circuit has done little to clear the cloud of uncertainty over gray-market goods.

Obtaining Preliminary Injunctions in Open-Source Cases

By S. Christian Platt, Bob B. Chen, and Kenneth Newton

Where the presumption of irreparable harm no longer applies, showing such harm and obtaining a preliminary injunction will be difficult for open-source plaintiffs.

The Impact of Recent Case Law on Copyleft Agreements

By R. Scott Rhoades and Jon Rastegar

The decisions in Wallace and Jacobsen suggest that copyleft agreements may ensure that copies and modifications to open-source software will remain open source.

Vendor Indemnification on the Open Range

By David Swetnam-Burland and Stacy O. Stitham

With up-front consideration of the potential negatives, a business can make a licensing decision regarding the merits of open-source software with open eyes.

Leveraging Open-Source Software in Patent Litigation

By Andrew Strickland and Amy Chun

By failing to consider their opponents' use of open-source licenses, accused infringers may miss opportunities to discover facts that could lead to new litigation strategies.

Open-Source Software in the Cloud

By Bradley J. Walz

The end user needs to investigate whether the platform it is licensing contains open-source software and which open-source software licenses govern the platform.

Complying with Source-Disclosure Obligations

By Edward J. Naughton

There are more than 50 open-source licenses, and many permit licensees to use or modify code without requiring the distribution of source code for the resulting work.

The Economic Incentives of Open-Source Software

By Jennifer Vanderhart

Certain terms in open-source licenses are important to maintaining those incentives and have been upheld as valid by the courts.

Reasonably Withheld Consent in License Agreements

By Hon-Man Lee, Lauren Korshalla, and Albert Wai-Kit Chan

It's common to restrict licensee activity in a license agreement as long as consent isn't unreasonably withheld, but many agreements don't state what the standards are.

Discoverability and Admissibility of Settlement Negotiations and Agreements

By M. Curt Lambert

The law of settlement agreements and their underlying negotiations is in flux in the Eastern District of Texas.

California Court Takes On Trade-Secret Preemption of Other Civil Claims

By Joseph H. Tadros

Young Lawyer's FAQ: Technical Degrees and the Patent Bar

Copyright Litigation

The Challenges of Copyright Law and the Internet

By Christopher A. Wiech

Intellectual property lawyers need basic awareness of the legal issues pertaining to how we use and disseminate copyright-protected information on the Internet.

What Are the Constitutional Limits on Statutory Damages?

By Andrew Berger

If Sony BMG Music Entertainment et al. v. Tenenbaum withstands appeal, the decision will negatively impact copyright enforcement for years to come.

Preliminary Injunction Still Likely Without a Presumption of Irreparable Harm

By Andrew Berger

A Copy of Another Person's Work May Become Transformative for Fair Use Purposes

By Andrew Berger

Statutory Damages in Copyright Litigation: Clearing Up Some Common Misunderstandings

By Andrew Berger

IP Remedies

Consideration of Design Around Solutions in Determining Patent Damages—Part 2

By James E. Pampinella and Alexander Ooi

An expert on patent damages may need to consider claim construction issues while formulating his or her opinions.

Indemnification or Illusion? How Magic Words Can Make or Break Your Case

By Brian W. Esler & Casey Moriarty

Finding Insurance Coverage for Copyright, Trademark, and Patent Infringement Claims

By Dennis M. Cusack

Does Edwards v. Arthur Anderson Bar the Use of Employee Confidentiality Agreements?

By Jennifer G. Redmond and Adam Tullman

Price Erosion and Elasticity of Demand: Are the Courts Getting it Right?

By Jeffery A. Stec, Ph.D, Principal at CRA International

One-Satisfaction Rule Reduces Copyright Damages Award

By Lew Koppel, Vice President at CRA International

Settlement Evidence Admitted under Rule 408

By Lew Koppel, Vice President at CRA International

Court Denies Remittitur, Finds Expert’s Testimony Adequate to Support Jury’s Royalty Award

By Lew Koppel, Vice President at CRA International

Trends in Patent Damages  | PDF

By J. Shawn McGrath and Kathleen M. Kedrowski

Damages Management in IP Litigation | PDF

By Alan Anderson

Consideration of Design Around Solutions in Determining Patent Damages

By Barry L. Bell, MBA, CFE; James E. Pampinella, CPA; and C. Paul Wazzan, Ph.D.

Permanent Injunctions in Patent Cases: A Post-Ebay Update

By Richard L. Horwitz, David E. Moore, and Kenneth L. Dorsney

Remedies for Misappropriation of Trade Secrets

By Kathi M. Kedrowski

Industry Perspectives on Patent Damages Including the Damages Component of Settlement Negotiations

By Charles W. Shifley

Trends in Trademark Damages

By Kathi M. Kedrowski

Patent Litigation

Preparing a Defense to Willful Infringement

By Charles Barquist and Bita Rahebi

Recent trends relevant to the two prongs of the willfulness inquiry have provided guidance to accused infringers deciding whether or not to rely on the advice of counsel.

Patent Misuse Should Be Only Narrowly Applied as Infringement Defense

By William D. Coston, Peter J. Curtin, Julie A. Petruzzelli, and Michael A. Sartori

The decision may call for more creative licensing negotiations, in that a patent owner should be careful not to seek royalties for periods after the expiration of the patent.

Federal Circuit Closes Possible Standing Defense for False Marking

By Timothy J. Rechtien

Although the court found that an individual has standing to bring a false marking lawsuit, it indicated that it would be receptive to other arguments.

Damages Trends in Patent Infringement Cases 1982-2009: Part 1

By Kathleen M. Kedrowski and J. Shawn McGrath

Damages Trends in Patent Infringement Cases 1982-2009: Part 2

By Kathleen M. Kedrowski and J. Shawn McGrath

Claims of Inequitable Conduct in Light of Exergen Corp. v. Wal-Mart Stores, Inc.

By Franklin D. Kang and William W. Yu

After Forest Group v. Bon Tool: What's Next in False Marking?

By Michael P. Padden and Scott Sherwin

Transfer Motions in Patent Cases

By Michael A. Oropallo and John M. Nichols

Vague Allegations No Longer Acceptable When Asserting Inequitable Conduct Defense

By John Stickevers

Strategic Claim Construction | PDF

By Steven R. Hansen and Leigh C. Taggart

An Alternate Theory on the Order of Witnesses

By Steve Zager

The Federal Circuit and Inequitable Conduct | PDF

By Christian Mammen

Patent Enforcement in Japan as Part of a Global Litigation Strategy | PDF

By Jason Shull, Yuko Hara, and Taku Oomori

Avoiding Patent Traps Through Claw-Back Provisions | PDF

By Audra Dial

Trade Secret Litigation

Protecting Trade Secrets in Patent Litigation

By Cara Baer and Lane Rice Belisomo

“I Never Used Their Trade Secrets” Is Not an Absolute Defense to Trade Secret Misappropriation

By David Pruitt and Cristal Clark Brisco

Trademark Litigation

Trash or Treasure? Controlling Your Brand in the Age of Upcycling

By Andrea Anderson

Keyword Advertising “Use in Commerce”: A Pro-Plaintiff Trend Emerges | PDF

By Peter Nussbaum and Nancy De Pizzo

Trademark Parody: Taking a Bite Out of Owner’s Rights | PDF

By Diane Burke

IP Article Archive

Developments in Patent Law 2008 | PDF

By Bradley C. Wright (December 7, 2008 presentation)

Developments in Patent Law 2007 | PDF

By Bradley C. Wright (December 20, 2007 presentation)

Developments in Patent Law 2006 | PDF

By Bradley C. Wright (December 13, 2006 presentation)

Preparing for the Rule 26(f) Conference in Patent Litigation | PDF

By Christian E. Mammen (January 26, 2006 presentation)

Electronic Communication with Today's Juror in IP Litigation | PDF

By Joanna Gallant, Ph.D., Jessica Evans, M.A., J.D., and Jim Dobson, M.A.

Top Ten Tips: Trade Secrets

By Abbe F. Fletman, Kenneth R. O'Rourke and Linda K. Stevens

Inevitable Disclosure Database | PDF

By Compiled results of the Committee's survey on the inevitable disclosure doctrine

The Famous Face Obstacles to Their Rights of Publicity | PDF

By J. Michael Huget and Laurie J. Michelson

When Should a Confidentiality Agreement Contain a Time Limit?

By Linda K. Stevens

Advertising Clearance Checklist

By David H. Bernstein and Peter Johnson