November/December 2018

Features

Intellectual Property

Getting the Right Fit: Tailoring Off-the-Rack Insurance to Cover IP Disputes

By Erica J. Van Loon and Justin Thiele

A basic understanding of the intellectual property (IP) insurance landscape can give IP practitioners invaluable foresight into how existing coverages will react when combined with novel IP claims.

Intellectual Property

Strategic Considerations for IP Litigators and Corporate Counsel Prosecuting and Defending IP Disputes: Securing Coverage Despite Limited Intellectual Property Coverage

By David A. Gauntlett

When "advertising injury" offenses intersect with IP claims, becoming insurance savvy and retaining coverage counsel may be beneficial.

Alternative Dispute Resolution

A Dozen Tips for Technology-Related Mediations and Arbitrations

By David Allgeyer and Harrie Samaras

Realizing the benefits of mediating and arbitrating technology-related disputes takes planning and an understanding of the nature of both processes.

Internet

What Does the California Consumer Privacy Act Mean for IP Attorneys and Law Firms?

By Dan Goldstein and Adam Rowan

Effective in 2020, the Act will require many companies that do business in California to disclose the data they collect from consumers and give consumers the right to prohibit websites from gathering data and to opt out of having their data sold to third parties.

Copyright

Termination of Music Copyright Transfers: The Renegotiation Reality

By Kenneth Abdo, Timothy Matson, and Jacob Abdo

As more musical compositions and sound recordings age into termination, the right of artists and songwriters to renegotiate agreements on more equitable terms or enter into new agreements will serve an important role in recapturing transferred value.

Patents

Introduction to the Patent Trial and Appeal Board

By David P. Ruschke and Christopher M. Kaiser

Administrative patent judges describe the processes and procedures the Patent Trial and Appeal Board (PTAB) uses to resolve the thousands of cases before it each year.

Patents

Is It Worth It? How Game Theory Should Guide Patent Prosecution Decisions

By Kate S. Gaudry and Sameer Vadera

In the proposed game theory framework, at each patent prosecution decision point, an optimal decision depends on whether a potential patent’s estimated value exceeds a calculated threshold.

Patents

Rehear Here: Tracking Successful Requests for Rehearing in Inter Partes Reviews

By Roshan S. Mansinghani and Robert K. Jain

A review of rehearing decisions issued in 2017 in inter partes review proceedings confirms the trend that it is rare to change the PTAB’s mind on rehearing.

Patents

Patent Venue a Year after TC Heartland

By Howard I. Shin and Christopher T. Stidvent

A look at the Supreme Court’s decision reveals why venue may not be proper in a district outside of the defendant’s principal place of business, even in the state of a defendant’s incorporation.

Patents

Making the Nonprevailing Party Pay: Statistics on Exceptional Cases Four Years after Octane and Highmark

By R. Benjamin Cassady, Lionel M. Lavenue, and Sean D. Damon

An examination of the Supreme Court’s decisions shows that a party has a greater chance of establishing an “exceptional” case based on the other party’s substantively weak legal position rather than its bad litigation conduct.

Professional Development

Ugly Legal Writing

By C. Edward Good

Give your legal writing a much-needed facelift with these 11 tips.

Columns

Intellectual Property

Innovation, Creativity, and IP Law

By Mark K. Dickson

Perspective: A message from the ABA-IPL chair.

Departments

Trade Secrets

Decisions in Brief

By John C. Gatz

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

Renew Your ABA Membership

Landslide® November/December 2018

The Ability to Achieve Lost Sales as a Consideration in Damages Analyses under Different Legal Frameworks

Features

Getting the Right Fit: Tailoring Off-the-Rack Insurance to Cover IP Disputes

Strategic Considerations for IP Litigators and Corporate Counsel Prosecuting and Defending IP Disputes: Securing Coverage Despite Limited Intellectual Property Coverage

A Dozen Tips for Technology-Related Mediations and Arbitrations

What Does the California Consumer Privacy Act Mean for IP Attorneys and Law Firms?

Termination of Music Copyright Transfers: The Renegotiation Reality

Introduction to the Patent Trial and Appeal Board

Is It Worth It? How Game Theory Should Guide Patent Prosecution Decisions

Rehear Here: Tracking Successful Requests for Rehearing in Inter Partes Reviews

Patent Venue a Year after TC Heartland

Making the Nonprevailing Party Pay: Statistics on Exceptional Cases Four Years after Octane and Highmark

Ugly Legal Writing

Columns

Innovation, Creativity, and IP Law

Departments

Decisions in Brief

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Landslide® November/December 2018

The Ability to Achieve Lost Sales as a Consideration in Damages Analyses under Different Legal Frameworks

Features

Getting the Right Fit: Tailoring Off-the-Rack Insurance to Cover IP Disputes

Strategic Considerations for IP Litigators and Corporate Counsel Prosecuting and Defending IP Disputes: Securing Coverage Despite Limited Intellectual Property Coverage

A Dozen Tips for Technology-Related Mediations and Arbitrations

What Does the California Consumer Privacy Act Mean for IP Attorneys and Law Firms?

Termination of Music Copyright Transfers: The Renegotiation Reality

Introduction to the Patent Trial and Appeal Board

Is It Worth It? How Game Theory Should Guide Patent Prosecution Decisions

Rehear Here: Tracking Successful Requests for Rehearing in Inter Partes Reviews

Patent Venue a Year after TC Heartland

Making the Nonprevailing Party Pay: Statistics on Exceptional Cases Four Years after Octane and Highmark

Ugly Legal Writing

Columns

Innovation, Creativity, and IP Law

Departments

Decisions in Brief

Computer Games and Immersive Entertainment

ABA Resources

The ABA

Connect