The Legal Intelligencer | Commentary
By Karen Riesenburger Poppel | November 9, 2020
IPRs are typically filed by the defendant/accused infringer in a concurrently pending federal patent infringement case. Because the IPR can result in the targeted patent claims being cancelled, there is the possibility that the concurrently pending federal litigation will be resolved (either through judgment or settlement).
The Legal Intelligencer | Commentary
By Josh Schmid | October 22, 2020
While COVID-19 may have temporarily slowed some of the day-to-day activities in the legal profession, the headlines show that the wars over standard essential patents (SEPs) and fair, reasonable, and nondiscriminatory (FRAND) licensing of SEPs persist without abandon.
The Legal Intelligencer | Commentary
By Nicole D. Galli | October 20, 2020
Especially early in the COVID-19 pandemic, it seemed like not a week went by when another article (or several) appeared, including by me, giving advice to companies on how to better protect their trade secrets especially with exponentially increased remote work, among other things. To be sure, there are increased risks to trade secrets resulting from the pandemic.
By Charles Toutant | October 8, 2020
In a precedential decision, the Third Circuit said Pocky's design is functional, and therefore its maker has no trade-dress protection. Trade dress applies to features that identify a product's source, and features that are functional or useful, the appeals court said.
The Legal Intelligencer | Commentary
By Edward T. La Barr | August 27, 2020
A more strategic approach to assembling the invention disclosure materials can pay real dividends in reducing cost and improving patent quality.
The Legal Intelligencer | News
By Erica Silverman | August 26, 2020
Patrick Richards, a former partner of McDermott Will & Emery, joined K&L Gates as a partner along with two other lawyers and a patent specialist from the boutique he founded in 2009.
The Legal Intelligencer | News
By Max Mitchell | June 26, 2020
Although Inovio contended that the transfer was necessary to develop sufficient quantities of a promising vaccine it already has in the works, Saltz said the notion that public benefit hinged on VGXI immediately transferring trade secret information was speculative.
The Legal Intelligencer | Commentary
By Tianlin (David) Liu | June 26, 2020
In November 2019, the China National Intellectual Property Agency (CNIPA) issued new patent examination guidelines for applying China's "inventive step" requirement, the patentability standard roughly equivalent to the U.S. patent requirement of "nonobviousness."
The Legal Intelligencer | Commentary
By Nicole D. Galli | June 19, 2020
If you hadn't gotten that message, articles have been legion since the advent of COVID-19 about how businesses need to take steps during this time of widespread remote work to enhance their trade secret protection efforts.
The Legal Intelligencer | News
By Max Mitchell | June 8, 2020
Wading into an issue of first impression for the circuit in which it sits, a federal court in Pennsylvania has determined that the federal Communications Decency Act bars a Philadelphia news anchor from suing Facebook and Reddit for allowing her photograph to be used on a dating website and in erectile dysfunction advertisements without her consent.
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