Landslide® January/February 2014

Features

Cybersecurity

The Uniform Rapid Suspension System: A New Weapon in the War Against Cybersquatters

James L. Bikoff David K. Heasley Griffin M. Barnett Valeriya Sherman Justin Miller

The URS System is designed to give trademark owners a fast and inexpensive way to combat cybersquatting and other forms of trademark infringement by domain name registrants, and it should be incorporated in a trademark owner’s arsenal of weapons to combat online intellectual property infringement.

Trade Secrets

Profiles in IP Law: An Interview with Margaret A. (Peggy) Focarino, Commissioner for Patents, United States Patent and Trademark Office

Steven P. Caltrider

In this interview, the Commissioner for Patents at the USPTO discusses the America Invents Act, patent harmonization, and the current trend of allowing more patents.

Patents

A Remarkable Victory

Fanwen Kong and Yongbo (Robert) Li

Despite the difficulty in enforcing patent rights in China, an American company represented by a Chinese law firm successfully settled its dispute against a Chinese chemical technology company after a year of preparation and proceedings.

Patents

Beyond ResQNet: Clarifying the Standard for the Use of Patent Settlements

Jackson Taylor Kirklin and Tejas N. Narechania

The Federal Circuit’s decision in ResQNet wrought havoc on the standards for the discovery and admission of patent settlements and settlement negotiations. Some of the confusion was resolved with the decisions in MSTG and LaserDynamics, but many questions remain unanswered.

Form PCT/IB/382: Legal Implications in Countries with Compulsory Licensing Rules

Cary Miller, Max R. Banko, and Kimberly A. Bolin

In an effort to promote licensing, PCT applicants may now submit form PCT/IB/382, informing others that a patent application is available for licensing. It is unclear, however, what consequences may result from submitting this form in countries with compulsory licensing rules.

H.R. 3309: “Troll” as an Adjective, Not as a Noun?

Hayden W. Gregory

A look is taken at the changes in law and practice proposed in H.R. 3309.

Artificial Intelligence & Robotics

IP in an Augmented Reality

Brian D. Wassom

Augmented reality technology is rapidly transitioning from emerging technology into the mainstream, and will raise intellectual property considerations that no one has yet anticipated. How will principles of copyright, trademark, patent, and publicity rights law adapt?

Proving the Causal Connection from Infringement to Defendant Profits: Punitive Considerations for the Copyright Act

Michael A. Einhorn

In cases of copyright infringement where indirect profits are at issue, the plaintiff must first prove a causal connection between the use of the original work and final sales of a product. This article considers the plaintiff’s problem in proving this connection, and the moral hazards that may result.

Columns

Intellectual Property

Keeping the United States on Top of Its Game

Robert O. Lindefjeld

The U.S. must strengthen its system of intellectual property rights in order to stay on top of global economy.

Liability of Foreign Companies under the Digital Millennium Copyright Act

William Jacob Farrar and Daniel Gervais

The clash between American copyright holders and foreign OSPs is an important one, and one that is not likely to disappear soon.

Intellectual Property

I2P Group News

Samson Helfgott

Recent IP developments from around the globe are discussed.

Decisions in Brief

John C. Gatz

The column provides highlights of recent trademark, copyright, trade secret, and patent cases.

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