Intellectual Property Hybrid Theory Brian Su Invalid hybrid claims, mixing apparatus elements and method steps, pose dangers of which both prosecution- and litigation-side practitioners should be aware.
Intellectual Property What You Risk Dr. Sandra P. Thompson 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.
Biotechnology Millennial Demand for Alternative Medicine and Its Effects on Biopiracy By Tiffany N. Palmer, Alexis N. Simpson, and Pharan A. S. Evans 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.
Patents After Nautilus By Bruce M. Wexler, James T. Evans, Scott F. Peachman, and Yousef M. Mian 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.
Intellectual Property What Do Traditional Knowledge and Traditional Cultural Expressions Have to Do with Intellectual Property Rights? J. Janewa Osei-Tutu 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?
Intellectual Property Are the Crown Jewels Really Safe? Considerations for Building a Strong Trade Secret Portfolio in Today’s Market Mareesa A. Frederick and Clara N. Jiménez 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.
Entertainment & Sports Ghosts in the Hit Machine: Musical Creation and the Doctrine of Subconscious Copying Robert Kirk Walker 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.
Trademarks Protecting Designs through Trademarks and Trade Dress at the USITC By Charles J. Hawkins and Patrick J. Stafford 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.
Patents Stop Patent Troll Armageddon By Erik Oliver and Kent Richardson 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.
Intellectual Property Ever Hear of a Well-Claused Brief? C. Edward Good 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.
Intellectual Property Thinking Economically about Commercial Success By DeForest McDuff, Ryan Andrews, Matt Brundage 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.
Intellectual Property What You Need to Know Patricia S. Smart The article highlights some of the most far-reaching changes, effective January 14, to the TTAB Rules of Practice governing opposition and cancellation proceedings.
Intellectual Property An Interview with Horace G. Dawson III Darrell G. Mottley An Interview with Horace G. Dawson III, Executive Vice President, External Relations and General Counsel, Red Lobster Seafood Company
Intellectual Property A First Look at the Impact of Recent Rule Changes on Patent Owner Preliminary Responses By Paromita Chatterjee, Arvind Jairam, and Dinesh N. Melwani Meeting of the Minds Column
Trade Secrets Decisions in Brief John C. Gatz Brief synopses of recent decisions involving copyrights, patents, trade secrets, and trademarks.
