IP Insights
Practical Guidance on Protecting Trade Secrets While Working Remotely
Federal Circuit Review
Egenera, Inc. v. Cisco Sys., Inc., No. 19-2015 (Fed. Cir. Aug. 28, 2020)
(Judicial Estoppel)
Federal Circuit Review
BASF Corp. v. Johnson Matthey Inc., 875 F.3d 1360 (Fed. Cir. 2017)
(Functional Claim Language)
Federal Circuit Review
Facebook, Inc. v. Windy City Innovations, LLC, No. 18-1400
(Joinder to Inter Partes Review)
Federal Circuit Review
Uniloc 2017 LLC v. Hulu, LLC., No. 19-1686
(Inter Partes Review)
Federal Circuit Review
Network-1 Technologies, Inc v. Hewlett-Packard Co., No. 18-2338
(Inter Partes Review; Estoppel)
IP Insights
5 IP Considerations Startups Oftentimes Overlook
IP Advisory
European Intellectual Property Rights in Transition – What You Need to Know About the Effects of Brexit
IP Insights
Maximizing Trade Secret Protection in the Food, Beverage, and Hospitality Industries
Federal Circuit Review
Packet Intelligence LLC v. NetScout Systems, Inc., No. 19-2041
(Patent Marking)
IP Advisory
Google and Oracle Clash in Oral Arguments over Industry-Shaping Supreme Court Copyright Case
IP Advisory
Software APIs Bump Up Against Copyright Law in Supreme Court Case: Google LLC v. Oracle America, Inc.
IP Insights
What’s in a Range? When Innovation Overlaps with Prior Art
IP Insights
Protecting Trade Secrets When Working Remotely – Practical Considerations and “Reasonable Steps”
TIPPs
Patent Office Insights From Two Former Examiners
IP Insights
Inventorship Determinations May Get Muddier: Should Naming an Inventor in a Patent Application be Required for AI-Developed Inventions?
IP Advisory
Supreme Court Upholds Trademark Registration for Generic Term Combined with Top-Level Domain
TIPPs
Harmonizing IP in North America: Important IP Provisions in the United States-Mexico-Canada Agreement
Federal Circuit Review
Spigen Korea Co., Ltd. v. Ultraproof Inc. et al.
(Design Patent; Obviousness)
Federal Circuit Review
Lanard Toys Limited v. Dolgencorp LLC et. al.
(Design Patent; Infringement)
IP Advisory
Statute Annotations Ineligible for Copyright Protection
IP Advisory
Color of Product Packaging May Be Protectable As Inherently Distinctive Trade Dress
IP Advisory
Supreme Court Determines Willfulness Not Required to Award Trademark Owner an Infringer’s Profits
IP Advisory
Supreme Court Expands Scope of Patent Office Decisions That Are Unappealable
Federal Circuit Review
SIPCO, LLC v. Emerson Electric Co.
(Covered Business Method Patent Review)
Federal Circuit Review
American Axle & Mfg. v. Neapco Holdings
(Subject Matter Eligibility)
IP Advisory
PTAB Judge Appointments Ruled Unconstitutional by Federal Circuit
TIPPs
Patent Basics for Inventors
Federal Circuit Review
Nalpropion Pharmaceuticals, Inc. v. Actavis Laboratories FL, Inc.
(Written Description)
Federal Circuit Review
MTD Products Inc. v. Andrei Iancu
(Means-Plus-Function)
Federal Circuit Review
Arthrex, Inc. V. Smith & Nephew, Inc.
(Administrative Procedure Act)
Federal Circuit Review
Papst Licensing GMBH & Co. KG v. Samsung Electronics
(Issue Preclusion)
Federal Circuit Review
Nuvo Pharmaceuticals v. Dr. Reddy’s Laboratories / Mylan Pharmaceuticals / Lupin Pharmaceuticals
(Written Description)
Federal Circuit Review
Ajinomoto Co., v. ITC; CJ Cheiljedang Corp., v. ITC
(Prosecution History Estoppel)
Federal Circuit Review
Amgen Inc., v. Coherus Biosciences, Inc.
(Prosecution History Estoppel)
Article
Thomas P. McNulty authored “What Businesses Should Know about the EU’s New Directive on Copyright Law” published by Corporate Counsel, April 23, 2019. [May require registration to read full article.]
IP Advisory
U.S. Supreme Court Issues Two Major Copyright Decisions
Article
Peter Lando and Robert Lichter authored “Design Patents Overlooked in Many IP Portfolios,” published in the Fall 2018 issue of Today’s General Counsel.
Article
Keith Noe and Peter Lando authored “Too Much Confidence in Your Confidentiality Agreements-Concern over the Commoditization of NDAs,” published by Corporate Counsel, September 28, 2018.
Article
Gregory Gerstenzang‘s article, “A Primer on Blockchain and Cryptocurrencies” was published in Massachusetts Lawyers Weekly, Vol. 47, Issue 24, June 2018.
IP Advisory
Massachusetts Passes New Trade Secrets and Noncompetition Laws
IP Advisory
Thinking Globally: Trademarks for the Trainee
Federal Circuit Review
Nestlé USA, Inc. v. Steuben Foods, Inc.
(Collateral Estoppel)
Federal Circuit Review
In Re Brandt
(Obviousness)
Federal Circuit Review
DSS Technology Management, Inc. v. Apple Inc.
(Obviousness)
Federal Circuit Review
SimpleAir, Inc. v. Google LLC
(Terminal Disclaimers)
TIPPs
Blockchain Technology
IP Advisory
Thinking Globally: International Search Reports
IP Advisory
Thinking Globally: Inventor Remuneration Rights
IP Advisory
There Still May Be Time to Bring Belated Venue Challenges in Patent Litigation
Federal Circuit Review
Bayer Pharma AG v. Watson Laboratories, Inc.
(Obviousness)
Federal Circuit Review
Merck Sharp & Dohme Corp. v. Hospira, Inc.
(Obviousness)
Federal Circuit Review
Amgen, Inc. v. Sanofi, Aventisub LLC
(Written Description)
Federal Circuit Review
Intellectual Ventures I LLC v. Motorola Mobility LLC
(Divided Infringement)
Federal Circuit Review
Aqua Products, Inc. v. Matal
(IPR Amendments)
Article
Craig R. Smith recently published an article in the Fall 2017 Issue of Today’s General Counsel, “Protecting Client Data When Traveling“
IP Advisory
Inventorship: What You Need to Know to Avoid Problems
Article
Craig R. Smith was quoted in a Massachusetts Lawyers Weekly article Estate planning work doesn’t trigger firm disqualification: Attorney-client relationship ended when task completed, published on October 16, 2017
Federal Circuit Review
Regeneron Pharmaceuticals, Inc. v. Merus N.V.
(Inequitable Conduct)
Federal Circuit Review
AIA America Inc. v. Avid Pharmaceuticals
(Attorneys’ Fees)
Federal Circuit Review
Mentor Graphics Corp., v. EVE-USA, Inc.
(Lost Profits)
Federal Circuit Review
Romag Fasteners, Inc. v. Fossil, Inc.
(Attorneys’ Fees)
Article
Craig R. Smith recently published an article in the Journal of Commercial Biotechnology, “A Biotechnology Dilemma: Patent Your Inventions (if you can) or Keep Them Secret”
Article
Peter C. Lando and David Andreasen’s article, “Inventorship – What you Need to Know to Avoid Problems“, published in the September 2017 issue of IEEE’s The Reflector
IP Advisory
Cybersecurity and Data Privacy Planning Series: Begin Planning Now for the Threats to Come
Federal Circuit Review
Cleveland Clinic v. True Health Diagnostics LLC
(Patent-Eligibility)
Federal Circuit Review
NantKwest, Inc. v. Matal
(Fee Shifting)
Federal Circuit Review
Genband LLC v. Metaswitch Networks Corp.
(Permanent Injunctions)
Federal Circuit Review
(Fee Shifting)
Article
Peter C. Lando and Thomas P. McNulty’s article, “Provisional Patent Rights – An Underutilized Protection“, published in the July/August issue of Today’s General Counsel magazine
IP Advisory
Thinking Globally: Patent Application Amendments
TIPPs
Expediting Patent Prosecution at the U.S. Patent and Trademark Office
IP Advisory
Cybersecurity and Data Privacy Planning Series: Identifying the Risks
IP Advisory
Supreme Court Strikes Down Disparagement Bar to Trademark Registration
Article
Craig R. Smith’s article, “Trump’s Hiring Freeze Could Hurt Tech Sector“, published on June 9, 2017 [Note: Subscription required to read full article.]
Article
Craig R. Smith was quoted in a Washington Post article “How can you protect your right to digital privacy at the border?“, published on June 8, 2017.
Federal Circuit Review
Helsinn Healthcare S.A. v. Teva Pharmaceutical Industries, LTD.
(On-Sale Bar)
Federal Circuit Review
Nichia Corp. v. Everlight Americas, Inc.
(Permanent Injunctions)
IP Advisory
Supreme Court Limits Where Patent Cases Can Be Filed
Federal Circuit Review
Intellectual Ventures I LLC v. Erie Indemnity Co.
(Patent Assignments)
Article
Limitations on Enforceability of Patent Rights
Federal Circuit Review
Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co.
(Anticipation)
Federal Circuit Review
Icon Health and Fitness, Inc. v. Strava, Inc.
(Obviousness)
Federal Circuit Review
MPHJ Technology Investments, LLC v. Ricoh Americas Corporation
(Claim Construction)
Federal Circuit Review
Shire Development LLC v. Watson Pharmaceuticals, Inc.
(Transitional Phrases)
TIPPs
Revisions to the Guidelines for Patent Examination in China
IP Advisory
ABA Sends Letter to USPTO Director Proposing Amendment to Resolve Ambiguity in §101 Statutory Interpretation
TIPPs
The USPTO’s Patents for Patients Program
IP Advisory
Patent for Motion Tracking Technology in Fighter Jet Helmet Displays Patent-Eligible under §101
IP Advisory
USPTO to Require Additional Evidence of Use for Post-Registration Affidavits
Federal Circuit Review
Cumberland Pharmaceuticals v. Mylan Institutional LLC (Derivation)
Federal Circuit Review
In Re Van Os
(Obviousness)
Federal Circuit Review
Phigenix v. ImmunoGen (Standing)
Federal Circuit Review
Sonix Technology v. Publications International (Definiteness)
IP Advisory
Supreme Court Rules Supplier of Single Component of Multicomponent Product Assembled Abroad Does Not Infringe §271(f)(1)
TIPPs
Cybersecurity – Protecting Intellectual Property
IP Advisory
Antitrust Guidelines for the Licensing of Intellectual Property
Federal Circuit Review
January Federal Circuit Review
TIPPs
IP Cases to Watch in 2017
TIPPs
The Intellectual Property Year in Review
Federal Circuit Review
November Federal Circuit Review
TIPPs
Software Considerations Post-Alice
IP Advisory
Federal Circuit Finds Distributed Network Accounting System Patent-Eligible Under § 101
Federal Circuit Review
October Federal Circuit Review
TIPPs
America Invents Act – A Look at its Substantive Effect Five Years Later
TIPPs
Strengthening your Design Patents Copy
Federal Circuit Review
September Federal Circuit Review
IP Insights
USPTO “P3” Pilot Program
IP Insights
Federal Circuit Elucidates On-Sale Bar
IP Insights
Practice Spotlight – A Due Diligence Case Study
IP Advisory
Federal Circuit Finds Automated 3-D Animation Process Patent-Eligible Under §101
TIPPs
Domain Name Dispute Considerations
Federal Circuit Review
August Federal Circuit Review
TIPPs
The Case for Reexamination
Federal Circuit Review
July Federal Circuit Review
TIPPs
Protecting your Company through Trade Secret Law
Federal Circuit Review
June Federal Circuit Review
IP Insights
Updated Patent Office Guidance Regarding Patent Eligible Subject Matter
IP Advisory
Bascom Web Content Filtering Patent Survives §101 Challenge in Federal Circuit
IP Advisory
Supreme Court Enhances Likelihood of Obtaining Enhanced Patent Damages
TIPPs
Strengthening your Design Patents
Federal Circuit Review
May Federal Circuit Review
IP Advisory
Defend Trade Secret Act of 2016
TIPPs
Navigating an IP Due Diligence
Federal Circuit Review
April Federal Circuit Review
TIPPs
Exceeding Client Expectations
IP Insights
Practice Spotlight – Is The Scope of Jurisdiction Changing at the International Trade Commission?
IP Insights
Computer Implemented Inventions at the European Patent Office – An Update from our European Colleagues
Federal Circuit Review
March Federal Circuit Review
TIPPs
International Patentable Subject Matter Considerations
Federal Circuit Review
February Federal Circuit Review
TIPPs
Selecting and Securing a Trademark
Federal Circuit Review
January Federal Circuit Review
TIPPs
International Patent Procurement
Federal Circuit Review
December Federal Circuit Review
IP Insights
IP Considerations for Government Funded Research
IP Insights
Practice Spotlight – On Your Mark, Get Set, Think: Considerations in Selecting a Trademark
IP Insights
Patent Infringement Complaints Post-Form 18
TIPPs
IP Concerns for Consumer Products
Federal Circuit Review
November Federal Circuit Review
TIPPs
IP Concerns for Software Startups to Consider
Article
“Cooking with Alice: A Recipe for Responding to § 101 ‘Abstract Idea’ Rejections”, Gregory K. Gerstenzang, November 9, 2015.
TIPPs
Questions to Ask When Threatened with Patent Litigation
Federal Circuit Review
September Federal Circuit Review
IP Insights
Paths to Quicker Patent Allowance
IP Insights
Practice Spotlight – It’s Time to Reconsider Reexamination
TIPPs
Top IP Points to Consider on Patents, Trademarks, Copyrights, Trade Secret and Patent Licensing
Article
Community-of-interest privilege bars discovery of email exchange
Federal Circuit Review
August Federal Circuit Review
IP Advisory
Patent Office Provides Supplements to Subject Matter Eligibility Guidelines
Federal Circuit Review
July Federal Circuit Review
IP Insights
Patentable Subject Matter Eligibility – Nature-Based Products
IP Insights
Supreme Court Addresses Requirements for Induced Infringement
IP Insights
Practice Spotlight – Apple v. Samsung: Design Patents Finally Coming of Age
Federal Circuit Review
June Federal Circuit Review
IP Advisory
Supreme Court Removes Good Faith Belief of Invalidity as a Defense to Induced Infringement
Federal Circuit Review
May Federal Circuit Review
IP Advisory
Akamai Techs. Inc. v. Limelight Networks, Inc.
Federal Circuit Review
April Federal Circuit Review
Federal Circuit Review
March Federal Circuit Review
IP Insights
Attributable Ownership Update
IP Insights
Practice Spotlight: Who Knows Your Trade Secrets?
IP Insights
Patentable Subject Matter Eligibility- Abstract Ideas
IP Insights
Final Rules for Calculation of Patent Term Adjustment (PTA)
Federal Circuit Review
February Federal Circuit Review
Article
Does the Doctrine of Inequitable Conduct Still Have Life After Theranese?
IP Advisory
Federal Circuit Further Narrows Subject Matter Eligibility for DNA Patents in Myriad Decision
IP Advisory
Patent Office Releases Interim Guidelines on Subject Matter Eligibility
IP Advisory
DDR Holdings, LLC v. Hotels.com et al. – Federal Circuit Holds Software Patent Claims Eligible
Federal Circuit Review
November Federal Circuit Review
IP Advisory
Alice Corporation Pty. Ltd. v. CLS Bank International (573 U.S. ____ (2014)
IP Advisory
The Supreme Court Makes it Easier to Obtain Attorneys’ Fees in Patent Cases
IP Advisory
Federal Circuit Decision Affects Patent Term Adjustments
IP Advisory
The Federal Circuit Clarifies the Standard for Obtaining Attorneys’ Fees in Patent Cases
IP Advisory
New Rules for Subpoena Practice
IP Advisory
Leo Pharma v. Rea: A Step in the Right Direction
IP Advisory
New Patent Reform Bill Attempts to Address Problems with Patent Litigation
IP Advisory
U.S.C. §101 Jurisprudence: Stil a Murky Morass
Article
Biosimilarity and Interchangeability in the Biologics Price Competition and Innovation Act of 2009 and FDA’s 2012 Draft Guidance for Industry
IP Advisory
AIA Update: Preparing for the Transition to First-Inventor-to-File
IP Advisory
Absolute Novelty Worldwide – Not Always So Absolute
IP Advisory
Patentable Subject Matter Around the World
IP Advisory
The Supreme Court Holds Diagnostic Claims Unpatentable
IP Advisory
The U.S. Supreme Court’s Golan V. Holder Decision
Article
Costs of Patent Reexaminations May Skyrocket
Article
2011 Intellectual Property Year in Review and Outlook for 2012 – Patents
Article
A World of Copyright Confusion on the Web
IP Advisory
Provisions of the America Invests Act of 2011 that go into Immediate Effect
IP Advisory
U.S. Patent Reform: America Invents Act Makes Major Changes to Patent Law