Recent Articles

An IPR Challenge to Any Patent Claim May Be Lost If Not Comprehensive and Rigorous Enough

By Robert M. Asher – October 22, 2020 | The Federal Circuit holds that the Patent Trial and Appeal Board may uphold patentability of a claim on a basis not raised by the patent owner.

You Stole My Dance Moves: Copyright Lawsuits over Choreography against Creators of Fortnite

By Ross Bagley – February 18, 2020 | Recent cases highlight both the current vulnerability of works that feature recognizable dance moves and the difficult threshold for those seeking to protect those dances as choreographic works under the Copyright Act.

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Recent Practice Points

What a Copyright Registration Can Tell You about Your Next Infringement Case

By Eric D. Wong – January 7, 2021 | The copyright registration is a fount of information that may save you and your client massive headaches down the line.

Burden Shifting in Process Patent Cases

By Lisa Phillips and Matthew Benner – December 17, 2020 | When defendants don’t comply with discovery, a rarely invoked exception to the burden of proof on infringement can be a potent weapon.

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Audio

Business Development for Young Intellectual Property Litigators

Pilar Kraman and Michael Steger discuss strategies and best practices for developing business as young intellectual property litigators based on their own experiences and practices. This Sound Advice covers methods to use for any level of experience or type of IP practice. (12:06 min.)

Update on Scandalous and Obscene Trademarks

By Lesli D. Harris – February 21, 2020 | In this Sound Advice, Lesli Harris gives update on "scandalous" and "obscene" trademarks after the recent Supreme Court decision in Iancu v. Brunetti.

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Roundtables

Picture This: Litigating Copyright Infringement of Photographs

Digital technology has led to an explosion of litigation regarding the infringement of photographs. This program will explore strategies for claimants and defendants in copyright photography litigation through an examination of recent cases. The panel will feature experienced copyright litigators Kevin McCulloch and Cynthia Arato, along with Mickey Osterreicher, General Counsel of the National Press Photographers Association.

Intellectual Property Newsletters

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Intellectual Property

Learn how to get involved with the Intellectual Property committee and maximize your Section membership!