Landslide® November/December 2014

Features

Intellectual Property

Strategic Considerations before Filing an IPR

John M. Bird and Margaret M. Welsh

IPR practice favors a highly prepared petitioner who has carefully crafted the best petition and considered certain strategies regarding petition requirements, claim construction, asserted grounds, and experts.

Patents

Design Patent Functionality: A Sensible Solution

Christopher V. Carani

“Functionality” is a general prohibition grossly applied across the field of design intellectual property. This article seeks to sort through the current jurisprudential confusion with respect to the application functionality doctrine, exploring the evolution of the case law and underlying policy considerations, and ultimately proposes a workable solution.

Intellectual Property

Datanarchy

Gwilym Roberts

A selection from the inaugural Landslide fiction writing challenge looks at the future of IP and the dangers that could lie ahead in this short story.

Professional Development

Nouniness: The Enemy of a Lean Writing Style

C. Edward Good

Legal writers often use too many noun forms in their writing. They convert hard-hitting verbs into much softer nouns, adjectives, and other substitutes. This article explores these stylistic pitfalls and teaches legal writers how to prefer verb-based prose.

Patents

Divided Infringement for Software Patents in View of Limelight Networks v. Akamai Technologies

Alton Hornsby III

Many software patents protect methods that are performed by multiple parties making them difficult to enforce. The U.S. Supreme Court’s decision in Limelight Networks v. Akamai Technologies provides guidance to practitioners in drafting claims to avoid divided infringement issues.

Patents

Through the Looking Glass

Natalya Dvorson and Mark C. Davis

This article analyzes the Alice Corp. v. CLS Bank International decision and its impact on software related inventions.

Columns

Patents

It’s Not All about Patents

Lisa A. Dunner

Perspective

The Next Great Copyright Act?

Hayden W. Gregory

From the Hill

Trademarks

Trademarks without Borders: The Struggle to Establish Geographical Rights for Common Law Trademarks Used Online

John A. Zevitas and Thomas J. Mihill

Meeting of the Minds

Trade Secrets

Decisions in Brief

John C. Gatz

Timely update of recent cases

Renew Your ABA Membership

Landslide® November/December 2014

Through the Looking Glass

Features

Strategic Considerations before Filing an IPR

Design Patent Functionality: A Sensible Solution

Datanarchy

Nouniness: The Enemy of a Lean Writing Style

Divided Infringement for Software Patents in View of Limelight Networks v. Akamai Technologies

Through the Looking Glass

Columns

It’s Not All about Patents

The Next Great Copyright Act?

Trademarks without Borders: The Struggle to Establish Geographical Rights for Common Law Trademarks Used Online

Decisions in Brief

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Landslide® November/December 2014

Through the Looking Glass

Features

Strategic Considerations before Filing an IPR

Design Patent Functionality: A Sensible Solution

Datanarchy

Nouniness: The Enemy of a Lean Writing Style

Divided Infringement for Software Patents in View of Limelight Networks v. Akamai Technologies

Through the Looking Glass

Columns

It’s Not All about Patents

The Next Great Copyright Act?

Trademarks without Borders: The Struggle to Establish Geographical Rights for Common Law Trademarks Used Online

Decisions in Brief

ABA Resources

The ABA

Connect