Copyright is a dangerous legal minefield for organizations, particularly with so many copyrighted works readily available for employees to unthinkingly cut, paste and use improperly for company marketing purposes.
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Intellectual Property Law Knowledge Center
Typing (Yes, Typing) Tips in Intellectual Property Law
September 8th, 2020
Here are a few quick tips on typing IP-related characters in Microsoft Word and Outlook, and a tip on pasting that is not IP-specific but is worth knowing.
Three Options for Protecting Your New Plant Cultivar – Which are Best for You?
August 26th, 2020
Up until recently, breeders of asexually reproduced plants had essentially a single option for protecting their novel variety in the United States: a U.S. Plant Patent. But due to several legal and technological changes, three options now exist: plant patents, utility patents, and plant variety protection certificates.
Federal Circuit Rules Portion of PACER Fees Improper
August 6th, 2020
In a decision released on Aug. 6, 2020, the United States Court of Appeals for the Federal Circuit held that a portion of user fees charged to PACER users is unauthorized by statute and therefore is improper.
Mark My Words! – Heed Patent Marking Requirements
July 29th, 2020
Congratulations! You’ve just been awarded a patent on your invention, which you are now manufacturing or otherwise using. You want to be certain that you will be able to enforce your patent and to collect any damages to which you are entitled, should someone infringe it. Now what?
Flimsy Sealing Order Request Results in the Disclosure of ‘Confidential’ Information
July 9th, 2020
The Federal Circuit today affirmed a district court’s denial of a motion for reconsideration of an intervenor’s opposition to a motion to seal. In Uniloc 2017 LLC v. Apple, Inc., 2019-1922 (Fed. Cir. Jul. 9, 2020), Uniloc had moved to seal the briefing and record associated with Apple’s motion to dismiss premised on a defect in Uniloc’s ownership rights due to a loan default. The request covered two categories of documents: (1) company confidential materials and (2) third party confidential materials. Non-party Electronic Frontier Foundation intervened to obtain public access to the supposedly confidential documents.
Inter Partes Reviews – Patent Owners to Get a Helping Hand?
May 28th, 2020
Proposed rule changes by the United States Patent & Trademark Office (USPTO) published on May 27, 2020 may finally help improve patent owners’ odds of avoiding inter partes reviews (IPRs).
U.S. Trademark Office Makes Process Changes to Combat Bad Faith Filings
May 12th, 2020
The ongoing pandemic of COVID-19 has changed the way the United States Patent and Trademark Office operates, but the work of protecting intellectual property continues, albeit in a different manner. So, when a public meeting of the Trademark Public Advisory Committee (TPAC) was held on April 17, 2020, it was held online.
SCOTUS Ruling Forecloses More Appeal Issues on PTAB Decisions
May 6th, 2020
Patent owners have lost another potential appeal argument relating to Patent Trial and Appeal Board (PTAB) decisions after a recent decision by the U.S. Supreme Court.
Supreme Court Ushers in Flexible Rule for Profit Payouts in Trademark Cases
May 4th, 2020
A plaintiff in a trademark infringement suit is not required to show willful infringement by the defendant to be awarded profits.
