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Intellectual Property

In Practice: Court Clarifies FRAND Rate Standards

In Practice: Court Clarifies FRAND Rate Standards

By Andrew N. Thomases and Ian Chen | 5/10/13 12:02 PM |

Patent holders now have a clearer guideline on how to meet their licensing obligations on essential patents, explain Skadden attorneys.

Economics of the SHIELD Act

Economics of the SHIELD Act

By Michelle Rakiec | 4/12/13 3:35 PM |

While aimed at curbing undesirable NPE activity, unintended consequences of such legislation may upset patent value, explains Michelle Rakiec of AdValum Consulting.

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Pleading Confusion

Pleading Confusion

By Behrooz Shariati and Steven D. Lee | 1/25/13 3:05 PM |

Iqbal and Twombly have resulted in several infringement complaint standards among the federal district courts, explain Behrooz Shariati and Steven Lee of Womble Carlyle.

Look Before You Leap

Look Before You Leap

By Ryan W. Koppelman and Maureen F. Gorsen | 12/20/12 10:16 AM |

Alston & Bird attorneys explain how to protect your trade secrets while complying with California's proposed Safer Consumer Products Regulations.

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Social Media Entertainment

Social Media Entertainment

By Eugene Pak | 10/19/12 12:00 AM |

Online games and toys present unique legal issues when seeking trademark or copyright protection, explains Eugene Pak of Wendel Rosen.

Dealing With IP Theft

Dealing With IP Theft

By Kris Haworth and Mindy Morton | 8/29/12 4:48 PM |

By developing and enforcing appropriate policies, employers can reduce the risk of trade secrets walking out the front door, explain Kris Haworth and Mindy Morton.

FTC v. Google: Lessons Learned

FTC v. Google: Lessons Learned

By Francoise Gilbert | 8/17/12 2:33 PM |

In an era of increased enforcement, companies need to ensure their practices and privacy policies are in sync, explains Francoise Gilbert of IT Law Group.

Soldiers of the Patent Wars

Soldiers of the Patent Wars

By Animesh Kumar | 4/30/12 10:27 AM |

The nature of IP litigation is shifting from using vast armies of review attorneys to SWAT teams of tech experts, explains Animesh Kumar of iRunway.

Defining Trade Dress

Defining Trade Dress

By Peter Harvey and Naomi Jane Gray | 4/26/12 11:57 AM |

Plaintiffs claiming infringement of their products need to structure the claim carefully to avoid dismissal, exlpain Harvey Siskind attorneys.

Supreme Court Torches Prometheus Patents

Supreme Court Torches Prometheus Patents

By James DeGraw | 4/5/12 2:24 PM |

After a unanimous decision rejecting patentability of laws of nature, without more, innovators may have to turn to other means to protect inventions, explains James DeGraw of Ropes & Gray.

Single Unit of Publication Rule

Single Unit of Publication Rule

By David Tashroudian | 1/26/12 12:04 PM |

Diligence in discovery can improve defendants' chance of success on summary judgment in copyright actions, says David Tashroudian or Ezra Brutzkus Gubner.

Future of the Internet at Stake

Future of the Internet at Stake

By Marc H. Greenberg | 11/22/11 3:01 PM |

Passage of SOPA, the controversial anti-piracy bill, could result in dire consequences for the tech industry, explains Marc H. Greenberg of Golden Gate University School of Law.

Righthaven Is Down But Not Out

Righthaven Is Down But Not Out

By David A. Tashroudian | 10/25/11 2:31 PM |

The notorious copyright troll was dealt a blow by several court decisions, but is trying a new strategy to legitimize its suits, explains David Tashroudian of Ezra Brutzkus Gubner.

Establishing Irreparable Harm in Trademark Cases

Establishing Irreparable Harm in Trademark Cases

By Robert R. Cross and Ryan J. Meckfessel | 10/12/11 5:28 PM |

With courts less inclined to presume it, plaintiffs may need alternative arguments for injunctive relief, explain Sideman & Bancroft attorneys.

Patent Reform Act at a Glance

Patent Reform Act at a Glance

By Stephen M. Hankins and D. Christopher Ohly | 9/29/11 10:54 AM |

America Invents Act will change how patents are issued and reviewed, potentially changing how tech companies do business, explain Schiff Hardin attorneys.

Patent Eligibility Broadened

Patent Eligibility Broadened

By Michael Shuster and Pauline Farmer-Koppenol | 9/23/11 2:17 PM |

Federal Circuit's holding in 'Classen' invites the Supreme Court to provide clearer guidance on pre-emption, explain Fenwick & West attorneys.

Patents as Assets in Bankruptcy

Patents as Assets in Bankruptcy

By Jonathan D. Petrus | 9/22/11 2:48 PM |

Proper valuation of a debtor's intellectual property portfolio may result in greater value for the estate, debtor and creditors, explains Jonathan Petrus of Pluritas LLC.

Forecasting Forthcoming 'Biosimilar' Drug Regulations

Forecasting Forthcoming 'Biosimilar' Drug Regulations

By Siegfried J.W. Ruppert and Guy W. Chambers | 8/30/11 4:54 PM |

By year's end, FDA will release rules controlling the approval process of large molecule generic drugs, explain Duane Morris attorneys.

Patenting Personal Medicine Inventions

Patenting Personal Medicine Inventions

By Michael Shuster and Pauline Farmer-Koppenol | 8/18/11 1:41 PM |

Federal Circuit held that DNA is patent-eligible subject matter with certain restrictions, but upcoming decisions could provide clarity and narrow the limitations, explain Fenwick & West attorneys.

Misleading PTO Doesn't Invalidate Patent

Misleading PTO Doesn't Invalidate Patent

Thanks to Federal Circuit ruling, alleged infringers will have a harder time dimissing cases based on patentee's inequitable conduct, explains Craig Countryman of Fish & Richardson.

Induced Infringement Made (Not) Easy

Induced Infringement Made (Not) Easy

By James Batchelder | 6/30/11 3:27 PM |

The "willful blindness" standard set by the Supreme Court will be hard to meet absent extreme facts, explains James Batchelder of Ropes & Gray.