Landslide May/June 2019

Features

Europe

An American Perspective on the GDPR One Year In

By Justin P. Webb and Sarah A. Sargent

Review the first year of the General Data Protection Regulation (GDPR) with a focus on lessons learned from the updates, released guidance, practical tips for compliance, and emerging trends.

Patents

Can Arbitration Fix the Patent System? PTAB Participants Consider Arbitration in View of Increased Complexity of IPRs

By David L. Newman

A costly and complicated Patent Trial and Appeal Board (PTAB) proceeding and lengthy appellate process may require litigants to turn to arbitration as the best path available for parties to obtain a patentability ruling in a short and inexpensive manner.

Patents

A Patent Perspective on Autonomous Vehicles

By Bruce Rubinger and Benedikt Biechele

An overview of recent patenting activity in the field of autonomous vehicles highlights trends in areas such as transportation as a service, rider security, and vehicle behavior.

Patents

Machines of Ordinary Skill in the Art: How Inventive Machines Will Change Obviousness

By Ryan Abbott

Artificial intelligence (AI) in R&D should raise the bar to patentability by changing the skilled person to a person using AI, and eventually to just an AI.

Patents

Keep an Eye on the Issue of Sovereign Immunity When Licensing State University-Based Patent Rights in Light of Ericsson Inc. v. Regents of the University of Minnesota

By Kandace Watson and Shane Killeen

Closer collaboration between companies and university research has given rise to particular IP challenges in the context of M&A and financing deals involving such companies.

Copyright

Consolation Prize: Barcroft Media and the Case for a Copyright Small Claims Court

By Walter G. Lehmann

The cost of litigating a copyright infringement claim can far exceed the likely damage award. One solution is to establish a copyright small claims court.

Copyright

Employee or Independent Contractor? It Depends on Why You’re Asking

By Azita Iskandar

Examine the different tests used in classifying a worker as an employee or independent contractor for California wage order purposes versus for purposes of the Copyright Act.

Intellectual Property

Co-Branding: The Pros, the Cons, and the Uncertainty

By Kimra Major-Morris and Dineen Pashoukos Wasylik

When lawyers represent a brand partner in a co-branding situation, they must help the client understand the legal and nonlegal implications for the best outcome.

Internet

What’s in a [Business] Name? Trademark Fair Use in Today’s Digital Climate

By Allison S. Lovelady

Trademark fair use isn’t an exact science. From selecting a business name to licensing to descriptive trademark use, explore common business concerns and how to navigate them creatively.

Intellectual Property

Clearing Trademarks: Back to Basics with Practical Tips and Tricks

By Amy A. Abeloff

Trademark clearance is more of an art than a science. Consider these strategies for avoiding potential pitfalls surrounding use and registration of a trademark.

Columns

Intellectual Property

Perspective: It’s the Long Term That Counts

By Mark K. Dickson

A message from the ABA-IPL chair.

Departments

Intellectual Property

Profiles in IP Law: Jessica Bahr

By Shane Delsman

An interview with the Vice President, Associate General Counsel at Constellation Brands.

Intellectual Property

Decisions in Brief

By John C. Gatz

Brief synopses of recent decisions involving copyrights, patents, trade secrets, and trademarks.

Landslide® May/June 2019

The Next Revolution in Intellectual Property Law: Automated Trade Secret Asset Management

Features

An American Perspective on the GDPR One Year In

Can Arbitration Fix the Patent System? PTAB Participants Consider Arbitration in View of Increased Complexity of IPRs

A Patent Perspective on Autonomous Vehicles

Machines of Ordinary Skill in the Art: How Inventive Machines Will Change Obviousness

Keep an Eye on the Issue of Sovereign Immunity When Licensing State University-Based Patent Rights in Light of Ericsson Inc. v. Regents of the University of Minnesota

Consolation Prize: Barcroft Media and the Case for a Copyright Small Claims Court

Employee or Independent Contractor? It Depends on Why You’re Asking

Co-Branding: The Pros, the Cons, and the Uncertainty

What’s in a [Business] Name? Trademark Fair Use in Today’s Digital Climate

Clearing Trademarks: Back to Basics with Practical Tips and Tricks

Books from ABA-IPL

Columns

Perspective: It’s the Long Term That Counts

Departments

Profiles in IP Law: Jessica Bahr

Decisions in Brief

American Bar Association TM American Bar Association

Landslide® May/June 2019

The Next Revolution in Intellectual Property Law: Automated Trade Secret Asset Management

Features

An American Perspective on the GDPR One Year In

Can Arbitration Fix the Patent System? PTAB Participants Consider Arbitration in View of Increased Complexity of IPRs

A Patent Perspective on Autonomous Vehicles

Machines of Ordinary Skill in the Art: How Inventive Machines Will Change Obviousness

Keep an Eye on the Issue of Sovereign Immunity When Licensing State University-Based Patent Rights in Light of Ericsson Inc. v. Regents of the University of Minnesota

Consolation Prize: Barcroft Media and the Case for a Copyright Small Claims Court

Employee or Independent Contractor? It Depends on Why You’re Asking

Co-Branding: The Pros, the Cons, and the Uncertainty

What’s in a [Business] Name? Trademark Fair Use in Today’s Digital Climate

Clearing Trademarks: Back to Basics with Practical Tips and Tricks

Books from ABA-IPL

Landslide Webinar Series

Columns

Perspective: It’s the Long Term That Counts

Departments

Profiles in IP Law: Jessica Bahr

Decisions in Brief