Determining Jurisdiction for Patent Law Malpractice Cases
The Legal Intelligencer
Wednesday, May 1, 2013
As an intellectual property attorney, the federal jurisdiction of patent-related cases always seemed clear to me. 28 U.S.C. 1338 provides that: "The district courts shall have original jurisdiction of any civil action arising under any act of Congress relating to patents."
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Western District Pilot Patent Court Attracts Attention
The Legal Intelligencer
Tuesday, April 30, 2013
Big verdicts in patent cases mean big attention by the media, but is there a way to turn all the attention into something positive? The U.S. District Court for the Western District of Pennsylvania is trying to do just that.
Real-World Trademark Rights for Fictional Brands
The Legal Intelligencer
Tuesday, April 30, 2013
Pop culture sells. But who owns it?
Quick Assessment Tips for Patent Review
The Legal Intelligencer
Tuesday, April 30, 2013
Competition in the technological marketplace is fierce, with companies constantly attempting to gain competitive advantages. Companies are often left with the options of buying or licensing patent rights or run the risk of becoming obsolete.
Problematic IP Provisions in Representing Consultants
The Legal Intelligencer
Tuesday, April 30, 2013
In today's world, companies big and small outsource everything. Not only are their call centers in India, but various functions that used to be handled in-house are farmed out to consultants — whether it be market research, product design and development, software implementation, employee benefit plan administration or any other service you can think of.
Intellectual Property's Role in the Smartphone Wars
The Legal Intelligencer
Tuesday, April 30, 2013
The smartphone industry is a fast-evolving and fiercely competitive market. Smartphones are constantly advertising sophisticated innovations that consumers factor when making their purchase decisions.
In the Fast Lane With the Patent Prosecution Highway
The Legal Intelligencer
Tuesday, April 30, 2013
The prosecution of patent applications can be a long, slow road, often taking well more than three years before a patent application can be found allowable (assuming an allowance is able to be obtained).
Taking on the Internet for Your Client's Reputation
The Legal Intelligencer
Tuesday, April 30, 2013
My cell phone rings at 6:30 on a Friday evening. It's the CEO of a client company and she is panicked. Hysterical. It turns out she was doing some "old-fashioned" investigating by performing Google searches on herself and the company.
America Invents Act Shifts to 'First to File' System
The Legal Intelligencer
Tuesday, April 23, 2013
The America Invents Act (AIA) is patent reform legislation that has been enacted in a series of steps.
Are Entire Portions of the Color Palette Trademark-Eligible?
The Legal Intelligencer
Wednesday, April 3, 2013
In a November 9, 2012, article in The Legal, "Right 'Pop' of Color Can Be a Legally Protected Trademark," we discussed the case of fashion industry powerhouses Christian Louboutin, Christian Louboutin S.A. and Christian Louboutin LLC and Yves Saint Laurent America Holding Inc., Yves Saint Laurent S.A.S. and Yves Saint Laurent America Inc. doing battle over the color of soles on high fashion shoes.
