• New Patent Legislation Has Bipartisan Support

    In a rare instance of bipartisan agreement, the Stronger Patents Act of 2019 is moving toward ratification. The Senate Judiciary Subcommittee on Intellectual Property held a hearing last week, and as witnesses made clear in their testimony,...

    • Posted 3 months ago
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  • Patent
    Changes in Canadian Patent Law Coming

    Canada is changing its patent rules with an eye to modernizing the country’s patent regime. The changes take effect on Oct. 30. There will be a change to Canada’s Patent Cooperation Treaty National Phase 42-Month Safe-Haven. Canada...

    • Posted 3 months ago
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  • Past Tense Of What?

    The FUCT brand of clothing was founded in the 1990s, but the U.S. Patent and Trademark Office denied a petition to trademark the label because it found it violated the Lanham Act’s ban on immoral or scandalous...

    • Posted 2 years ago
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  • Kim Kardashian Sued For Patent Infringement

    Copyright maybe, or even trade secret on certain bionic augmentations, but a patent? Yes, a man named Hooshmand Harooni claims the LuMee illuminated phone case Kardashian endorses, and with which she snaps hundreds if not thousands of...

    • Posted 2 years ago
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  • Five Techniques To Stop An IPR Before It Starts

    It is likely that at some point virtually any company that hold patents will be served with an Inter partes review petition challenging the validity of one or more of them. The full proceeding consists of two...

    • Posted 2 years ago
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  • D.C. Appeals Court Deems Troll Lawsuit Tactic ‘Unfair’

    A three-judge panel of the D.C. Court of Appeals ruled that bundling dozens of Internet users into a single lawsuit in order to obtain their identities is an unfair use of the legal process, a decision that...

    • Posted 6 years ago
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  • Following His Letter To Lincoln, Kappos Defends U.S. Patent System

    Tired of seeing the U.S. patent system being used as a punching bag, David Kappos, former director of the U.S. Patent and Trademark Office and now a partner at Cravath, Swaine & Moore, took the unusual step...

    • Posted 6 years ago
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  • Alternative Damage Theories in Patent Cases

    Infringers often make use of a patent-holder’s rights in ways that yield no straightforward royalty or lost profit calculation. Infringers may give away an infringing product for free or minimal cost, for example, as a loss-leader for...

    • Posted 6 years ago
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  • Thin Line Between Patent Litigation and R&D

    Advanced technology companies today are essentially choosing to appropriate other companies’ technology rather than doing their own R&D, according to the author. They don’t acknowledge it or maybe even recognize it, but this fact – not patent...

    • Posted 6 years ago
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  • Strategies in a Medical Device Patent Jury Trial

    Developing a jury-friendly trial strategy in a patent case is critical to success. Reflecting on their medical device jury trial experience, the authors focus on three main components of trial strategy: using fact witnesses to build a...

    • Posted 6 years ago
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