The Recorder

Intellectual Property

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.

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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.

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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.

The Divided Infringement Defense

The Divided Infringement Defense

By Sasha Rao and Barna De | 5/6/11 12:03 PM |

Ropes & Gray attorneys update the state of the law and provide tips on defending and pursuing patent infringement claims.

The Boom in False Patent Marking Litigation

The Boom in False Patent Marking Litigation

By Robert Andris | 3/30/11 1:01 PM |

Fast-changing case law can leave an unwary company in an unpredictable scenario, potentially facing enormous damages, explains Robert Andris of Ropers Majeski.

Policing Fashion

Policing Fashion

By Lisa Y. Wang | 2/8/11 1:46 PM |

Under proposed copyright laws, designers of affordable alternatives for pricier name brand items could be liable for infringement, says Greenberg Glusker's Lisa Wang.

Framing the First Sale Doctrine

Framing the First Sale Doctrine

By Vijay Toke | 2/4/11 10:24 AM |

Recent Ninth Circuit decisions bookend copyright holder's rights, but leave a gap of uncertainty, explains Hiaring & Smith's Vijay Toke.

The Pros and Cons of Gene Patents

The Pros and Cons of Gene Patents

By Chester S. Chuang and Denys T. Lau | 12/17/10 11:40 AM |

As 'Myriad' heads to the Federal Circuit, many questions remain unsettled on the patentability of the human genome, explain professors Chester S. Chuang, pictured, and Denys T. Lau.

Personal Jurisdiction Made Easy

Personal Jurisdiction Made Easy

By Bruce G. Chapman | 10/21/10 2:26 PM |

Ninth Circuit appears to loosen its standard in cases of trademark infringement on certain websites, explains Bruce G. Chapman of Connolly Bove.

ITC Leaves Door Ajar for NPE Suits

ITC Leaves Door Ajar for NPE Suits

By G. Brian Busey & Cynthia Lopez Beverage | 10/12/10 2:12 PM |

Morrison & Foerster attorneys explain the level of scrutiny a non-practicing entity must withstand to bring suit before the commission based on infringing imports.

Mind Your Markman Manners

Mind Your Markman Manners

By Scott Hilton | 9/23/10 4:04 PM |

Scott Hilton of The Focal Point shares five tips for a successful Markman hearing.

To Stay, or Not to Stay

To Stay, or Not to Stay

By Nathaniel Bruno | 9/14/10 1:49 PM |

Nathaniel Bruno of Sheppard Mullin explores Northern District trends of staying patent infringment suits pending reexamination.

'Bilski': What Technology Companies Need to Know

By Sasha Rao and Kelly Baxter | 7/16/10 1:59 PM

Ropes & Gray's Sasha Rao and Kelly Baxter look at the new state of affairs in the world of technological patents.

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