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Patents

Automatic Stay of Litigation Pending Inter Partes Review?

Many of the advantages of challenging a patent through inter partes review (“IPR”) proceedings are diminished if district court actions occur concurrently. The article proposes a simple amendment to the law which would require an automatic stay of district court litigation based on the accused infringer’s filing of an IPR directed towards the asserted patent(s) with the U.S. Patent & Trademark Office.

Intellectual Property

Remedies against Fictitious and Anonymous Service Mark Counterfeiting

This article provides an example of service mark counterfeiting by “John Doe” defendants and outlines the steps to pursue when the “house is burning down”—e.g., when a website needs to be shut down immediately because of an imminent threat to the public, or a U.S. bank account is identified as having received proceeds from the sale of a counterfeit transaction, rendering the account subject to an ex parte asset restraint.

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