Michael A. Stramiello
Sharmian L. White
This article explores the new patent enhancement standard created by the Supreme Court in Halo Electronics, Inc. v. Pulse Electronics, Inc., including implications, historical context, and practice tips.
IP professionals should consider not only ensuring that the prospective IP clients don’t present conflicts with one another, but also ensuring that their IP work doesn’t present subject matter conflicts. This article will discuss this type of conflict and how IP professionals may reduce the likelihood of this type of conflict surfacing.
Building a robust trade secret program in today’s digital and globalized age is not an easy task. Learn the considerations that companies should explore to keep trade secrets safe.
The World Intellectual Property Organization continues to negotiate an international legal instrument to protect traditional knowledge. What does intellectual property have in common with intangible cultural heritage, and why should it be protected?
This article explores millennials’ increasing demand for all-natural supplements and botanical medicine, and how that demand may affect the exploitation of plant extracts in indigenous countries.
The authors present a framework for modeling and selecting defensive aggregators to reduce NPE risk for companies. Defensive aggregators turn the tables on NPEs by aggregating resources.
Commercial success as a secondary consideration of obviousness is often misunderstood and misapplied. The authors explain common misapplication and provide practical insights for sound economic analysis.
This article explores the art of clause-cutting, explains the differences between the words that and which, and introduces the reader to ten power structures often missing from legal writing.
This article analyzes a recent investigation from the ITC in which Converse sought to enforce registered trademarks as well as general trade dress rights covering its Chuck Taylor All-Star shoes. While the law remains in flux, this case serves as an interesting study on the use of trade dress and trademarks to protect product designs. The result of this case also serves as a useful aide in assessing proper protection for fashion products and designs.
Subconscious copying has been at issue in many well-known music cases. But despite the headlines, the difference between subconscious copying and independent creation remains unclear.
Invalid hybrid claims, mixing apparatus elements and method steps, pose dangers of which both prosecution- and litigation-side practitioners should be aware.
This article explores the Supreme Court’s Nautilus ruling and the emerging post-Nautilus legal landscape, and offers recommendations to mitigate the risk of patent invalidity.
The article highlights some of the most far-reaching changes, effective January 14, to the TTAB Rules of Practice governing opposition and cancellation proceedings.