Landslide® September/October 2019

Features

Copyright

Into the Fandom-Verse: Fanworks and Fair Use

Heidi Howard Tandy

Fan-created content, shared online and offline, has caused businesses to find ways to balance their rights in protecting their works with fans’ rights in discussing and sharing their creativity.

Ecommerce

Arbitration in the Age of Amazon

Gaston Kroub

Resolution of IP disputes remains a challenge for online e-commerce marketplaces. One industry leader is piloting an arbitration proceeding for resolving utility patent disputes on its platform.

Asia

Practical Tips for Trademark Protection in China

Nina Li

Consider these tips when developing trademark protection strategies and maintaining the stability of registered trademark rights in China.

Ethics

Ethical Representation of Every Inventor, Whether Paying or Pro Bono

Mark R. Privratsky

Patent pro bono programs match financially disadvantaged inventors with registered patent attorneys. A review of the applicable ethical rules further solidifies the importance of these services.

Artificial Intelligence & Robotics

Patenting Artificial Intelligence Inventions in Canada

Shahrzad Esmaili and Roch Ripley

Drafting claims that solve a technical problem and include significant details regarding the AI-based invention’s technical underpinnings help to establish patent eligibility in Canada.

Patents

Weaponizing IPRs

Steven C. Carlson

Patent reform created a perfectly legal route for large tech companies to bury upstarts in litigation. The Valencell case reveals one tech giant’s strategy to use the PTAB’s open jurisdictional standards to impose that burden.

Patents

Frequent Filers? What the Data Says about Parallel PTAB Cases

Roshan S. Mansinghani and Robert K. Jain

Analyze trends in the use of AIA challenges by district court litigants, including the effect of changes in patent law and USPTO policy.

Patents

Columbia Sportswear v. Seirus: Pacesetter for Application of the Government’s “Article of Manufacture” Test in Design Patent Damages Cases

Perry J. Saidman and William P. Gvoth

Examination of a pending Federal Circuit case highlights potential pitfalls of the government’s four-factor test for determining the “article of manufacture” when calculating design patent damages.

Consumers

How Purchase Probability Scales Can Shed Light on Consumer Purchase Intentions

Rene Befurt and Alvin J. Silk

Purchase probability scales are a proven method for answering critical antitrust questions, including whether trademarks affect consumers’ choices.

Columns

Intellectual Property

Steps and Leaps

George W. Jordan III

A message from the ABA-IPL chair.

Intellectual Property

For Our Readers

Janet A. Marvel

A message from the Landslide® magazine editor-in-chief.

Departments

Patents

An Interview with David Jones, Executive Director of the High Tech Inventors Alliance (HTIA)

Eli Mazour

An interview with the Executive Director of the High Tech Inventors Alliance (HTIA).

Intellectual Property

Decisions in Brief

John C. Gatz

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

American Bar Association TM American Bar Association

Landslide® September/October 2019

Legal Implications of Public Spaces in Virtual Reality

Features

Into the Fandom-Verse: Fanworks and Fair Use

Arbitration in the Age of Amazon

Landslide Webinar Series

Practical Tips for Trademark Protection in China

Ethical Representation of Every Inventor, Whether Paying or Pro Bono

Patenting Artificial Intelligence Inventions in Canada

Weaponizing IPRs

Frequent Filers? What the Data Says about Parallel PTAB Cases

Columbia Sportswear v. Seirus: Pacesetter for Application of the Government’s “Article of Manufacture” Test in Design Patent Damages Cases

How Purchase Probability Scales Can Shed Light on Consumer Purchase Intentions

Columns

Steps and Leaps

For Our Readers

Departments

An Interview with David Jones, Executive Director of the High Tech Inventors Alliance (HTIA)

Decisions in Brief