5 IP Considerations Startups Oftentimes Overlook

European Intellectual Property Rights in Transition – What You Need to Know About the Effects of Brexit

Maximizing Trade Secret Protection in the Food, Beverage, and Hospitality Industries

Packet Intelligence LLC v. NetScout Systems, Inc., No. 19-2041

(Patent Marking)

Google and Oracle Clash in Oral Arguments over Industry-Shaping Supreme Court Copyright Case

Software APIs Bump Up Against Copyright Law in Supreme Court Case: Google LLC v. Oracle America, Inc.

What’s in a Range? When Innovation Overlaps with Prior Art

Protecting Trade Secrets When Working Remotely – Practical Considerations and “Reasonable Steps”

Patent Office Insights From Two Former Examiners

Inventorship Determinations May Get Muddier: Should Naming an Inventor in a Patent Application be Required for AI-Developed Inventions?

Supreme Court Upholds Trademark Registration for Generic Term Combined with Top-Level Domain

Harmonizing IP in North America: Important IP Provisions in the United States-Mexico-Canada Agreement

Spigen Korea Co., Ltd. v. Ultraproof Inc. et al.

(Design Patent; Obviousness)

Lanard Toys Limited v. Dolgencorp LLC et. al.

(Design Patent; Infringement)

Statute Annotations Ineligible for Copyright Protection

Color of Product Packaging May Be Protectable As Inherently Distinctive Trade Dress

Supreme Court Determines Willfulness Not Required to Award Trademark Owner an Infringer’s Profits

Supreme Court Expands Scope of Patent Office Decisions That Are Unappealable

SIPCO, LLC v. Emerson Electric Co.

(Covered Business Method Patent Review)

American Axle & Mfg. v. Neapco Holdings

(Subject Matter Eligibility)

PTAB Judge Appointments Ruled Unconstitutional by Federal Circuit

Patent Basics for Inventors

Nalpropion Pharmaceuticals, Inc. v. Actavis Laboratories FL, Inc.

(Written Description)

MTD Products Inc. v. Andrei Iancu

(Means-Plus-Function)

Arthrex, Inc. V. Smith & Nephew, Inc.

(Administrative Procedure Act)

Papst Licensing GMBH & Co. KG v. Samsung Electronics

(Issue Preclusion)

Nuvo Pharmaceuticals v. Dr. Reddy’s Laboratories / Mylan Pharmaceuticals / Lupin Pharmaceuticals

(Written Description)

“Have Confidence in Communal Working Spaces – Practical Ways for Entrepreneurs to Protect Their Intellectual Property,” by Peter C. Lando and John T. Spangenberger

Ajinomoto Co., v. ITC; CJ Cheiljedang Corp., v. ITC

(Prosecution History Estoppel)

Amgen Inc., v. Coherus Biosciences, Inc.

(Prosecution History Estoppel)

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.]

Cannabis Patent Found Patent Eligible

U.S. Supreme Court Issues Two Major Copyright Decisions

Peter Lando and Robert Lichter authored “Design Patents Overlooked in Many IP Portfolios,” published in the Fall 2018 issue of Today’s General Counsel.

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.

Gregory Gerstenzang‘s article, “A Primer on Blockchain and Cryptocurrencies” was published in Massachusetts Lawyers Weekly, Vol. 47, Issue 24, June 2018.

Massachusetts Passes New Trade Secrets and Noncompetition Laws

Thinking Globally: Trademarks for the Trainee

Nestlé USA, Inc. v. Steuben Foods, Inc.

(Collateral Estoppel)

In Re Brandt

(Obviousness)

DSS Technology Management, Inc. v. Apple Inc.

(Obviousness)

SimpleAir, Inc. v. Google LLC

(Terminal Disclaimers)

Blockchain Technology

Thinking Globally: International Search Reports

Thinking Globally: Inventor Remuneration Rights

There Still May Be Time to Bring Belated Venue Challenges in Patent Litigation

Bayer Pharma AG v. Watson Laboratories, Inc.

(Obviousness)

Merck Sharp & Dohme Corp. v. Hospira, Inc.

(Obviousness)

Amgen, Inc. v. Sanofi, Aventisub LLC

(Written Description)

Intellectual Ventures I LLC v. Motorola Mobility LLC

(Divided Infringement)

Aqua Products, Inc. v. Matal

(IPR Amendments)

Craig R. Smith recently published an article in the Fall 2017 Issue of Today’s General Counsel, “Protecting Client Data When Traveling“

Inventorship: What You Need to Know to Avoid Problems

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

Regeneron Pharmaceuticals, Inc. v. Merus N.V.

(Inequitable Conduct)

AIA America Inc. v. Avid Pharmaceuticals

(Attorneys’ Fees)

Mentor Graphics Corp., v. EVE-USA, Inc.

(Lost Profits)

Romag Fasteners, Inc. v. Fossil, Inc.

(Attorneys’ Fees)

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”

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

Cybersecurity and Data Privacy Planning Series: Begin Planning Now for the Threats to Come

Cleveland Clinic v. True Health Diagnostics LLC

(Patent-Eligibility)

NantKwest, Inc. v. Matal

(Fee Shifting)

Genband LLC v. Metaswitch Networks Corp.

(Permanent Injunctions)

AdjustaCam, LLC v. Newegg, Inc.

(Fee Shifting)

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

Thinking Globally: Patent Application Amendments

Expediting Patent Prosecution at the U.S. Patent and Trademark Office

Cybersecurity and Data Privacy Planning Series: Identifying the Risks

Supreme Court Strikes Down Disparagement Bar to Trademark Registration

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.]

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.

Helsinn Healthcare S.A. v. Teva Pharmaceutical Industries, LTD.

(On-Sale Bar)

Nichia Corp. v. Everlight Americas, Inc.

(Permanent Injunctions)

Supreme Court Limits Where Patent Cases Can Be Filed

Intellectual Ventures I LLC v. Erie Indemnity Co.

(Patent Assignments)

Limitations on Enforceability of Patent Rights

Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co.

(Anticipation)

Icon Health and Fitness, Inc. v. Strava, Inc.

(Obviousness)

MPHJ Technology Investments, LLC v. Ricoh Americas Corporation

(Claim Construction)

Shire Development LLC v. Watson Pharmaceuticals, Inc.

(Transitional Phrases)

Revisions to the Guidelines for Patent Examination in China

ABA Sends Letter to USPTO Director Proposing Amendment to Resolve Ambiguity in §101 Statutory Interpretation

The USPTO’s Patents for Patients Program

Patent for Motion Tracking Technology in Fighter Jet Helmet Displays Patent-Eligible under §101
 

USPTO to Require Additional Evidence of Use for Post-Registration Affidavits

Cumberland Pharmaceuticals v. Mylan Institutional LLC (Derivation)

In Re Van Os

(Obviousness)

Phigenix v. ImmunoGen  (Standing)

Sonix Technology v. Publications International (Definiteness)

Supreme Court Rules Supplier of Single Component of Multicomponent Product Assembled Abroad Does Not Infringe §271(f)(1)

Cybersecurity – Protecting Intellectual Property

Antitrust Guidelines for the Licensing of Intellectual Property

January Federal Circuit Review

IP Cases to Watch in 2017

The Intellectual Property Year in Review

November Federal Circuit Review

Software Considerations Post-Alice

Federal Circuit Finds Distributed Network Accounting System Patent-Eligible Under § 101

October Federal Circuit Review

America Invents Act – A Look at its Substantive Effect Five Years Later

September Federal Circuit Review

USPTO “P3” Pilot Program

Federal Circuit Elucidates On-Sale Bar

Practice Spotlight – A Due Diligence Case Study

Federal Circuit Finds Automated 3-D Animation Process Patent-Eligible Under §101

Domain Name Dispute Considerations

August Federal Circuit Review

The Case for Reexamination

July Federal Circuit Review

June Federal Circuit Review

Updated Patent Office Guidance Regarding Patent Eligible Subject Matter

Bascom Web Content Filtering Patent Survives §101 Challenge in Federal Circuit

Supreme Court Enhances Likelihood of Obtaining Enhanced Patent Damages

May Federal Circuit Review

Defend Trade Secret Act of 2016

April Federal Circuit Review

Practice Spotlight – Is The Scope of Jurisdiction Changing at the International Trade Commission?

March Federal Circuit Review

International Patentable Subject Matter Considerations

February Federal Circuit Review

Selecting and Securing a Trademark

January Federal Circuit Review

International Patent Procurement

December Federal Circuit Review

IP Considerations for Government Funded Research

Practice Spotlight – On Your Mark, Get Set, Think: Considerations in Selecting a Trademark

Patent Infringement Complaints Post-Form 18

IP Concerns for Consumer Products

November Federal Circuit Review

IP Concerns for Software Startups to Consider

“Cooking with Alice: A Recipe for Responding to § 101 ‘Abstract Idea’ Rejections”, Gregory K. Gerstenzang, November 9, 2015.

Questions to Ask When Threatened with Patent Litigation

September Federal Circuit Review

Paths to Quicker Patent Allowance

Practice Spotlight – It’s Time to Reconsider Reexamination

Top IP Points to Consider on Patents, Trademarks, Copyrights, Trade Secret and Patent Licensing

Community-of-interest privilege bars discovery of email exchange

August Federal Circuit Review

Patent Office Provides Supplements to Subject Matter Eligibility Guidelines

July Federal Circuit Review

Patentable Subject Matter Eligibility – Nature-Based Products

Supreme Court Addresses Requirements for Induced Infringement

Practice Spotlight – Apple v. Samsung: Design Patents Finally Coming of Age

June Federal Circuit Review

Supreme Court Removes Good Faith Belief of Invalidity as a Defense to Induced Infringement

May Federal Circuit Review

Akamai Techs. Inc. v. Limelight Networks, Inc.

April Federal Circuit Review

March Federal Circuit Review

Attributable Ownership Update

Practice Spotlight: Who Knows Your Trade Secrets?

Patentable Subject Matter Eligibility- Abstract Ideas

Final Rules for Calculation of Patent Term Adjustment (PTA)

February Federal Circuit Review

Does the Doctrine of Inequitable Conduct Still Have Life After Theranese?

Federal Circuit Further Narrows Subject Matter Eligibility for DNA Patents in Myriad Decision

Patent Office Releases Interim Guidelines on Subject Matter Eligibility

DDR Holdings, LLC v. Hotels.com et al. – Federal Circuit Holds Software Patent Claims Eligible

November Federal Circuit Review

Alice Corporation Pty. Ltd. v. CLS Bank International (573 U.S. ____ (2014)

The Supreme Court Makes it Easier to Obtain Attorneys’ Fees in Patent Cases

Federal Circuit Decision Affects Patent Term Adjustments

The Federal Circuit Clarifies the Standard for Obtaining Attorneys’ Fees in Patent Cases

New Rules for Subpoena Practice

Leo Pharma v. Rea: A Step in the Right Direction

New Patent Reform Bill Attempts to Address Problems with Patent Litigation

U.S.C. §101 Jurisprudence: Stil a Murky Morass

Biosimilarity and Interchangeability in the Biologics Price Competition and Innovation Act of 2009 and FDA’s 2012 Draft Guidance for Industry

AIA Update: Preparing for the Transition to First-Inventor-to-File

Patentable Subject Matter Around the World

The Supreme Court Holds Diagnostic Claims Unpatentable

The U.S. Supreme Court’s Golan V. Holder Decision

Costs of Patent Reexaminations May Skyrocket

2011 Intellectual Property Year in Review and Outlook for 2012 – Patents

A World of Copyright Confusion on the Web

Provisions of the America Invests Act of 2011 that go into Immediate Effect

U.S. Patent Reform: America Invents Act Makes Major Changes to Patent Law