Pro Bono In-House Pro Bono: Doing Intellectual Property Work for Those Who Need It Most Mark R. Privratsky and Amy M. Salmela Here is an examination of four successful in-house pro bono legal services programs at Intel, BASF, HP, and Walmart.
Patents When Dreams Come True? Using Section 285 to Impose Fees against a Losing Patentee’s Lawyers David C. Hricik Some said that the Supreme Court’s decision in Octane lowering the standard for shifting fees under Section 285 was a good thing. This article analyzes how fees can be imposed on lawyers, directly under that statute, or by way of a malpractice claim if the lawyer’s client must pay the other side’s fees.
Intellectual Property High (Court) Octane Naomi Jane Gray In Octane Fitness, LLC v. ICON Health & Fitness, Inc., the Supreme Court significantly relaxed the “exceptional case” standard for fee awards in patent actions. This article explores how the Third Circuit has extended the standard to fee awards in trademark actions.
Copyright The “One Satisfaction” Rule: A New Approach to Curbing Copyright Trolls Dan Booth Judges concerned about a recent spate of “copyright trolls” who file mass lawsuits alleging online infringement to generate nuisance settlements have limited their reach by demanding compliance with personal jurisdiction and joinder rules. The author proposes the rule against double recovery as another applicable defense.
Intellectual Property On Notice, Not Claimed: The Role of the Copyright Registration System Pamela S. Chestek Courts misunderstand the purpose of registration and are wrongfully construing the application form as a description of the scope of the copyrighted material.
Copyright Toothless or Misunderstood? Getting to Know Section 512(f) of the Digital Millennium Copyright Act David A. Kluft Section 512(f) of the Digital Millennium Copyright Act is intended to deter abuses of the Act’s takedown system. Is it working?
Intellectual Property Troll Fighter: An Interview with Vermont Attorney General William J. Sorrell Nicholas M. Kunz and Andrew F. Halaby Vermont Attorney General William J. Sorrell, an innovator and leader in state efforts to combat “patent trolls,” is interviewed.
Patents Why Rush Patent Reform? Circuit Judge Paul R. Michel (Ret.) Congress should await further developments before enacting legislation that could unbalance the U.S. patent system, the engine of prosperity.
Litigation & Trials Software Litigation Opens Pandora’s Box of Key Open Source Issues Aaron Williamson After software vendor Versata sued its client Ameriprise for breaching its license, both parties found themselves embroiled in new litigation involving high-stakes open source software licensing issues.
Intellectual Property An Interview with Louis J. Foreman Susan McGahan The chief executive of Enventys and president of the IPO Education Foundation discusses the IPO’s new public awareness program and the Girl Scout Intellectual Property Patch.
Intellectual Property Correcting Technical Errors in Legislation or Should Congress be Estopped from a Fast Track Fix to the Screw Up in Post-Grant Review Estoppel? Hayden W. Gregory From the Hill
Intellectual Property I2P Group News Samson Helfgott A number of interesting items have come up with respect to the I2P Group (International Intellectual Property Group), which are of interest to the entire membership.