Presenters: Nicole Palmer, Nathan Harris, Eric Carnevale, & Amanda Cardona
This virtual presentation and the audience Q&A session focused on 2021 developments in intellectual property law such as:
Significant developments in Patent law in federal courts and the PTAB, including:
- The most significant challenge to the constitutionality of the PTAB in several years ends anti-climactically;
- New restrictions on the application of assignor estoppel that may make the doctrine harder to enforce against former employee-inventors, among others;
- The PTAB’s scheme for discretionary denial of IPR petitions creates new hurdles for patent challengers; and
- An increasing focus at the USPTO and in the courts on written description and enablement issues.
Trademark and Copyright decisions from 2021, including:
- The preclusive effect of administrative proceedings on trademark litigation;
- Whether “initial interest confusion” supports an infringement finding;
- The planning and development necessary to file an intent-to-use trademark application;
- The responsibility of print-on-demand services to police infringement by their customers;
- The interpretation of trademarks comprising words from multiple languages;
- Copyright fair use and software APIs; and
- Procedural trademark changes at the USPTO.
A high-level overview of domestic and international practice updates and trends, including:
- Pilot programs available to Applicants at the USPTO;
- The patentable subject matter debate; and
- Policy and legislative developments relevant to various IP rights.
A recording of this discussion is now available on demand.
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