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Documents on Intellectual Property
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|Revised 2017 Antitrust Guidelines for IP Licensing; Qualcomm Ensnared in New Antitrust Suits for Licensing Activities|
Ann G. Fort, Robert R.L. Kohse; Sutherland Asbill & Brennan LLP;
January 20, 2017, previously published on January 19, 2017On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission issued updated “Antitrust Guidelines for the Licensing of Intellectual Property” for the first time since 1995. The updated Guidelines are intended to play a fundamental role in the agencies’...
|The Copyright Offices Goes Digital - Finally|
Todd A. Benni; McDonald Hopkins LLC;
January 19, 2017, previously published on December 19, 2016The Digital Millennium Copyright Act (DMCA) provides a safe harbor from copyright infringement liability for online service providers, i.e., anyone that provides online services. This includes anyone that operates a website. If you operate a website and third parties add any content to your...
|How Many Words Do You Have to Challenge Each Patent Claim in IPR?|
Charles W. Shifley; Banner & Witcoff, Ltd.;
January 18, 2017, previously published on January 4, 2017As almost everyone involved in patent practice knows, inter partes reviews (IPRs) are the new way to challenge patents. An IPR petition at the Patent Trial and Appeal Board, if the Board takes the matter up for trial, has a 71 percent statistical chance of killing the challenged patent. But when...
|Adding to your Company’s Bottom Line with Intangible Assets: Creating, Maintaining & Advancing Your IP Portfolio|
Luke S. Curran, Bradley J. Van Pelt; Banner & Witcoff, Ltd.;
January 17, 2017, previously published on Fall/Winter 2016Intellectual property portfolios commonly rank as one of the most valuable assets within a company’s corporate arsenal.1 Protecting the company brand, internal know-how, and innovation plays a crucial role in maintaining a competitive advantage in today’s global marketplace. However,...
|First Circuit Bankruptcy Appellate Panel Latest to Warm Up to Protections for Trademark Licensees in Bankruptcy|
Paul D. Moore, Keri L. Wintle; Duane Morris LLP;
January 17, 2017, previously published on December 12, 2016In its recent decision in Tempnology LLC, n/k/a Old Cold, LLC v. Mission Product Holdings, Inc. (In re Tempnology LLC), No. 15-065 (B.A.P. 1st Cir. Nov. 18, 2016), the U.S. Bankruptcy Appellate Panel for the First Circuit (“the BAP”) rejected the Fourth Circuit’s holding in...
|New TTAB Rule Changes Take Effect in 2017|
Christina Davidson Trimmer; Shumaker, Loop & Kendrick, LLP;
January 17, 2017, previously published on December 22, 2016The Trademark Trial and Appeal Board (TTAB), which decides issues of trademark registrability, recently sought comments regarding certain rule changes to the TTAB Rules of Practice. On October 7, 2016, the U.S. Patent and Trademark Office (USPTO) published Miscellaneous Changes to Trademark Trial...
|Recent Developments in Post-Grant Review Eligibility|
Jordan N. Bodner, Jeffrey Chang; Banner & Witcoff, Ltd.;
January 17, 2017, previously published on Fall/Winter 2016Post-grant review (PGR) is a trial proceeding introduced under the American Invents Act (AIA) of 2011. Similar to inter partes review (IPR), PGRs allow a third party to challenge the validity of an issued patent before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark...
|The Value of Intellectual Property Registration|
Perley-Robertson Hill McDougall LLP/s.r.l.;
January 12, 2017, previously published on January 5, 2017Business people do not have access to unlimited funds, and they realize that those funds that they do have must be carefully allocated within their business. However, a recent decision of the Federal Court illustrates what can happen when serious consideration of intellectual property issues is...
|At Two, Alice Toddles Along|
Peter Nigrelli, Aseet Patel; Banner & Witcoff, Ltd.;
January 12, 2017, previously published on Fall/Winter 2016Since the two-year anniversary of the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014),1 the Alice framework for patent eligibility continues to toddle along a meandering path towards patent eligibility for software-based innovations.
|An Intro to Double Patenting|
H. Wayne Porter; Banner & Witcoff, Ltd.;
January 12, 2017, previously published on Fall/Winter 2016“Double patenting,” one of the more arcane subjects in patent law, is based on a deceptively simple idea. A patent is a government grant that gives an inventor exclusive rights in his or her invention for a limited period. An inventor should not be allowed to circumvent that time limit...