By James J. DeCarlo and Nicholas Martin | September 18, 2017
A discussion of the Congressional report on the state of post-grant proceedings before the PTAB, and key components of a bill regarding post-grant proceedings, particularly, inter partes reviews (IPRs).
By Wilfred V. Patrick | September 18, 2017
It is clear that 3D printing technology will blur the distinction between tangible and intangible forms by erasing the traditional divisions between manufacturers and consumers and what constitutes components of an infringing product.
By B. Colby Hamilton | September 15, 2017
The author of the award-winning novel "The Art of Fielding" is accused of pilfering substantial elements of an unpublished novel by a former Division III college baseball player, according to a copyright infringement suit filed in the U.S. District Court for the Southern District of New York.
Delaware Business Court Insider
By Roy H. Wepner | August 30, 2017
The seemingly endless war between certain types of patent owners (often socalled "nonpracticing entities" or NPEs) and certain types of defendants (typically corporations perceived to have deep pockets) has been fought on many fronts over the last decades.
By Lori A. Buza and Karen Beerbower | August 28, 2017
The case of "The Slants" -- in June, the U.S. Supreme Court struck down the provision of the Lanham Act, known as the "disparagement clause," which has governed trademark registration for the past 71 years.
By Roy H. Wepner | August 21, 2017
In recent years, defendants in patent litigation have made gains in the courts.
By Law Journal Editorial Board | August 18, 2017
With the Tam case, the Supreme Court has added another decision to our lexicon of strong First Amendment cases by reiterating in a new and different context that viewpoint or content-based discrimination will not be tolerated.
By Max Mitchell | August 15, 2017
The dispute between generic drugmakers Apotex and Teva stemming from a former Teva executive's alleged disclosure of trade secrets to an Apotex CEO while the two were dating is heating up, with the parties now sparring over the speed of discovery.
By Max Mitchell | July 17, 2017
A hot dog by any other name, including a name similar to a well-known sausage company, is not likely to confuse consumers as long as it is clearly labeled on the packaging, a federal appeals court said in dismissing a trademark and false advertising suit brought by a sausage company.
By Scott Graham | June 28, 2017
The STRONGER Patent Act of 2017, sponsored by Delaware Sen. Chris Coons, would undo recent U.S. Supreme Court rulings that have weakened patents. But lawmakers may have other priorities.
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