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HTMLThe Potential Impact of Brown v. Canada on Ownership of Intellectual Property by Employers
LuAnne Morrow; Borden Ladner Gervais LLP;
Legal Alert/Article
May 23, 2016, previously published on May 2, 2016
Most employers, especially those who are active in research and development, as a matter of practice have employees sign agreements that specify the obligations of the employee to disclose inventions to the employer and ensure that intellectual property developed by the employee is assigned to the...

 

HTMLNew Federal Trade Secret Law
Jeffrey G. Sheldon; Leech Tishman;
Legal Alert/Article
May 20, 2016, previously published on May 3, 2016
Congress has passed, and it is expected that President Obama will sign, a Federal trade secret law.

 

HTMLImplementing the Whistleblower Immunity Notice Provision under the Recently-Enacted Federal Defend Trade Secrets Act
Ann G. Fort, Matt Gatewood, Peter G. Pappas, William L. Warren, Gail L. Westover; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 20, 2016, previously published on May 18, 2016
The Defend Trade Secrets Act, signed into law on May 11, 2016, includes a whistleblower immunity notice provision. An employer that wants to preserve maximum recoveries for misappropriation against an employee should take action now.

 

HTMLAccession to the Patent Law Treaty and the Singapore Treaty on the Law of Trademarks
Harukuni Ito, Kyosuke Katahira, Yuichiro Mori, John C. Roebuck, Michiru Takahashi; Jones Day;
Legal Alert/Article
May 18, 2016, previously published on April 2016
On March 11, 2016, the Japanese government submitted instruments of accession to the Patent Law Treaty ("PLT") and the Singapore Treaty on the Law of Trademarks ("STLT," and together with PLT, "Treaties") to the Director General of the World Intellectual Property...

 

HTMLA First Amendment Right to Disparaging Trademarks?: U.S. Supreme Court Asked to Review Federal Circuit Decision Holding Ban on Disparaging Marks Unconstitutional
Gregory A. (Greg) Castanias, John G. Froemming, Anna E. Raimer, Lauren L. Refinetti, Meredith M. Wilkes; Jones Day;
Legal Alert/Article
May 18, 2016, previously published on April 2016
Is the Lanham Act's prohibition on the registration of disparaging trademarks invalid under the First Amendment? This question was presented to the U.S. Supreme Court on April 20, 2016, by the U.S. Patent and Trademark Office ("USPTO"), which filed a Petition for a Writ of Certiorari,...

 

HTMLU.S. Supreme Court Will Weigh in on Star Athletica LLC v. Varsity Brands Inc.
Darrell G. Mottley; Banner & Witcoff, Ltd.;
Legal Alert/Article
May 18, 2016, previously published on May 2, 2016
May 2, 2016 — Today, the U.S. Supreme Court agreed to review an August 2015 ruling by the 6th U.S. Circuit Court of Appeals in Cincinnati in Star Athletica LLC v. Varsity Brands Inc. as to whether Varsity’s two-dimensional graphic designs are entitled to copyright protection as...

 

HTMLDefend Trade Secrets Act Set to Become Law
Clifford R. Atlas, Peter R. Bulmer, Erik J. Winton; Jackson Lewis P.C.;
Legal Alert/Article
May 18, 2016, previously published on April 28, 2016
For the first time, there will be a federal private right of action for misappropriation of trade secrets. The Defend Trade Secrets Act (“DTSA”), passed by both houses of Congress, is headed to President Barack Obama for his signature and his office has stated it “strongly...

 

HTMLITC ALJ Potentially Weakens R&D-Based Domestic Industry
Richard (Rich) Fieman, Blaney Harper, David M. (Dave) Maiorana; Jones Day;
Legal Alert/Article
May 18, 2016, previously published on April 2016
On April 26, 2016, International Trade Commission ("ITC") Administrative Law Judge ("ALJ") Lord issued the public version of her final initial determination ("ID") in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing Same, ITC Inv....

 

HTMLDefend Trade Secrets Act of 2016 Heading to White House: What You Should Know Now
Danielle Lee Ochs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 18, 2016, previously published on April 28, 2016
Congress has finally passed the anticipated Defend Trade Secrets Act of 2016 (DTSA). The bill, which is now on its way to the White House and is expected to be signed by President Obama, will be effective immediately once it is signed into law.

 

HTMLITC to Determine Impact of Final IPR Ruling
Richard (Rich) Fieman, Blaney Harper, David M. (Dave) Maiorana; Jones Day;
Legal Alert/Article
May 18, 2016, previously published on April 2016
On April 18, 2016, the International Trade Commission ("ITC") issued a Notice in Certain Three-Dimensional Cinema Systems and Components Thereof, Inv. No. 337-TA-939, requesting briefing from the parties relating to a final inter partes review ("IPR") decision by the Patent...

 


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