Intellectual Property Law Knowledge Center

Archive for the ‘Litigation’ Category

Understanding the Use of Decision Trees in Mediation

November 8th, 2018

A useful tool in preparing for mediation or in a mediation itself is a decision tree. Decision trees, also known as flow charts, help attorneys to make decisions early in the mediation process and plan for potential outcomes.

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2017 Supreme Court and Federal Circuit IP Year in Review

December 27th, 2017

Throughout 2017, Panitch Schwarze has carefully watched key intellectual property disputes at the U.S. Supreme Court and the Court of Appeals for the Federal Circuit (CAFC). The following 2017 cases will impact the protection of intellectual property in the United States.

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A Successful Association of Legal Administrators Regional Conference

December 5th, 2017

I recently attended the Association of Legal Administrators (ALA) Regional Conference in Nashville, TN on a scholarship from the First State Chapter of ALA. At the conference I attended seminars that focused on leadership, communication and innovative thinking for administrators in the legal profession.

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3 Key Takeaways from the ALA Intellectual Property Conference

November 2nd, 2017

Intellectual property law changes at an ever-quickening rate, which is one reason Panitch Schwarze takes continuing education seriously. With practice areas across the IP legal spectrum and global services spanning 28 countries, we need to be more than efficient. We need to be on top of our game.

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UPC Update: Surprise UK Elections Likely to Delay Start of Unitary Patent System

June 7th, 2017

As we have discussed previously, European Union member countries are completing the final steps to implement an intergovernmental system that will streamline the process for securing and enforcing patent rights across Europe. Having a simpler, centralized system in place will open up a new patent portfolio management strategy for small and medium-sized IP-driven companies.

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U.S. Supreme Court Upsets 30 Years of Precedent, Changing Where Companies Can Be Sued for Patent Infringement

May 22nd, 2017

The U.S. Supreme Court on Monday, May 22, 2017, changed the playing field regarding where patent owners can file infringement lawsuits against accused infringers.

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USPTO Closer to Recognizing Patent Agent Privilege?

December 9th, 2016

A key element of our justice system, the attorney-client privilege, was put in place to ensure that every citizen can obtain sound legal advice. Confidences discussed with an attorney in order to obtain legal advice are privileged from discovery in litigation. When it comes to the protection of intellectual property rights, patent attorneys, like all other lawyers, enjoy this privilege with their clients.

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Trademarks Update: Supreme Court to Decide Constitutionality of Disparagement Provision

October 20th, 2016

The U.S. Supreme Court is poised to answer a question that has plagued federal trademark law for decades: Does the government have the right to refuse to register trademarks which it has deemed “disparaging?” And, given that the First Amendment prohibits our government from restricting speech, does it make sense to have the U.S. Trademark Office approve or deny trademark registrations on grounds that may limit speech?

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NO PATENT FOR YOU! Can a software-related claim that recites only generic computer elements be statutory under 35 USC 101?

July 21st, 2016

Unlike the infamous Seinfeld “Soup Nazi” episode – in which you could get your soup if you just kept your head down, did not engage in small talk with the owner, or ask for free bread – software inventors are finding it difficult, and sometimes impossible, to obtain patents or enforce their existing patents no matter how novel their inventions are, and no matter how narrow they are willing to claim their invention.

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What Does the Brexit Vote Mean for IP Protection?

July 7th, 2016

As is well known by now, the citizens of Great Britain have chosen to leave the European Union (EU), a move popularly dubbed the “Brexit.” Despite the economic upheaval and media firestorm surrounding the vote, the realm of intellectual property law is unlikely to see any immediate consequences from the Brexit.

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