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  • Nic Marais Weaponizing Follow-On Petitions to Defeat IPR Estoppel

    Written by Nicholas Marais on November 16, 2018

    Under §315(e), a petitioner is estopped from bringing a claim before the PTAB or district court that it “raised or reasonably could have raised” during a previous inter partes review. Now, under General Plastic, the PTAB may also deny a claim when the seven-factor test is met.
  • James Arnold Jr Joint Development and Background Intellectual Property

    Written by James Arnold, Jr on November 16, 2018

    As innocuous as the term “Background IP” may sound, there are potential pitfalls for the drafter of Background IP provisions in Joint Development Agreements (JDAs).
  • Evgeny Alexandrov Protection of Patents and Trademarks In the Eurasian Economic Union

    Written by Evgeny Alexandrov on November 16, 2018

    The legal environment on IP protection within the Eurasian Economic Union is quite unified and harmonized with the major International Treaties.
  • Darin Gibby The Abstract Swing

    Written by Darin Gibby on November 16, 2018

    Ever since the Supreme Court’s decision in Alice, patent applicants have been befuddled with the concept of an abstract idea.
  • Specimens: The Key to Strong Trademark Protection

    Written by Heather Bowen on September 24, 2018

    Essentially, submitting trademark specimen minimizes the chances that another company will assert the same mark for its company.
  • A Review of the Mexican Linkage System

    Written by Mariana Gonzalez-Vargas on September 24, 2018

    The main purpose of the Mexican Linkage System is to improve communication between the Mexican Patent & Trademark Office (IMPI) and the Mexican Federal Commission for the Protection against Sanitary Risk (COFEPRIS), in order to prevent issuance of marketing authorizations for generic versions of patented pharmaceutical drugs.
  • Copyright Ownership: A Mere Handshake Isn't Good Enough

    Written by Peter Sawicki, Amanda Prose, and Jim Young on September 24, 2018

    Whenever a company arranges for non-employees to design, build and/or implement creative activities for the company, it is imperative that appropriate contractual safeguards be in place to make certain that the company owns the copyrights in the works it has purchased.
  • Eleven Tips to Securing Software-Related Patent Protection Post-Alice

    Written by Katie Bates and David Cornett on September 24, 2018

    The years since Alice have taught us some important strategies for continuing to obtain utility patent protection for software-related inventions.
  • Making 3D Printing Eco-Friendly: A Potential Opportunity for Patent Protection

    Written by Meggan Duffy and Dan Chavka on September 24, 2018

    As 3D printing becomes more commonplace, some have begun to question whether it is any more environmentally friendly than the conventional manufacturing processes it seeks to replace.
  • IP in an Augmented Reality

    Written by Brian Wassom on September 24, 2018

    Augmented reality is poised to be one of the most important media platforms of this generation.