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Documents on intellectual property
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|In Your IPR, Your Expert Declares ... So That’s Evidence By Itself, Right? No, Not So Much|
Charles W. Shifley; Banner & Witcoff, Ltd.;
September 28, 2016, previously published on August 30, 2016Inter partes reviews are the new hotbed of patent litigation. Filed at the U.S. Patent and Trademark Office, with the Patent Trial and Appeal Board, IPRs take down bad patents and eliminate them from the courts. Every accused infringer gets the chance to file an IPR against each patent asserted...
|Industrial Property Law Bill|
Ecem Susoy Uygun; Erdem Erdem Law Office;
September 27, 2016With the Industrial Property Law Bill (“Bill”) presented to the Turkish Grand National Assembly on April 6th, 2016, it is intended to protect the rights with regard to trademarks, geographical indications, designs, patents, utility model and traditional product names. As specified in...
|Post-Grant Patent Amendment - Canadian and US Options|
Shohini Bagchee; Field Law;
September 26, 2016, previously published on September 21, 2016On the long and sometimes bumpy road of patent prosecution, a Notice of Allowance can be a welcome sign that you are nearly at your destination: a granted patent. But the journey is not over yet. At the time of grant, what if you realize that you need to amend the claims to better protect your...
|Supplemental Register Gets Nod from Trademark Trial & Appeal Board|
Sarah Nagae; Nexsen Pruet, LLC;
September 26, 2016, previously published on September 19, 2016On September 8, the Trademark Trial and Appeal Board lent support to the strength of a registration on the Supplemental Register, indicating that it is worthwhile to pursue federal registration, even if that means your mark ends up on this secondary register.
|Ownership of Copyright in Software|
Richard Stobbe; Field Law;
September 26, 2016, previously published on September 21, 2016Can an employee claim to own the employer’s software?
|Federal Circuit: Go Whole-Hog on Validity below If You Want to Contest an Independent Determination of Invalidity on Appeal|
Patrick T. Driscoll, Harold S. Laidlaw, Michael C. Newman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 26, 2016, previously published on September 15, 2016Think you’ve won on validity at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) and your claims are safe on appeal? “Not so fast,” says the Federal Circuit in Software Rights Archive, LLC v. Facebook Inc., Nos. 2015-1649 through 2015-1563 (Fed....
|Widely Watched Federal Circuit McRO Decision Holds Certain Software Claims to Be Patent Eligible|
David B. (Dave) Cochran, Matthew A. (Matt) Ferry, Carl A. Kukkonen; Jones Day;
September 22, 2016, previously published on September 2016In a unanimous decision on September 13, 2016, the Federal Circuit in McRO, Inc. v. Bandai Namco Games America reversed the district court's holding that certain software patent claims were directed to ineligible subject matter under 35 U.S.C. § 101. The claims in this case were directed to...
|The Importance of Discipline In Branding: An Interesting, Unlikely Case Study Courtesy of Fletcher v. Doig|
Andrea Rush; Blaney McMurtry LLP;
September 22, 2016, previously published on September 15, 2016As the owners of international brands know well, vigilance is critical to sustaining and enhancing global identity, exclusivity, differentiation and, ultimately, dominance and the long-term profitability that go along with them.
|The CJEU's Decision in GS Media: Connecting the Dots on Hyperlinking|
Francois Holmey, Rebecca Swindells; Jones Day;
September 22, 2016, previously published on September 2016The Court of Justice of the European Union ("CJEU") issued on 8 September 2016 a landmark ruling in GS Media, C-160/15 on hyperlinks and copyright infringement. In its judgment, the court sought to clarify the law in this area and materially departed from previous case law which was...
|Digital Single Market Update: Draft EU Copyright Directive and Regulation Leaked|
Viola Bensinger, Christoph Enaux, Stefan Lütje; Greenberg Traurig Germany, LLP;
September 22, 2016, previously published on September 19, 2016On Sept. 1, first drafts of an EU Copyright Directive and an EU Copyright Regulation, along with accompanying documents, were leaked to the public. The drafts are part of the European Commission's strategy for a Digital Single Market, which was announced in May 2015 and first substantiated by an...