Intellectual Property

News and expert analysis on IP developments from the courts to the USPTO.

  • Blast or blown away? Proving priority gets a little hairy

    By Scott Slavick | March 25, 2014

    Dont forget the priority of priority. Likelihood of confusion might be more sexy and glamorous but style points aren't the entire substance of victory: You need both to stop a potential infringer.

    1 minute read

  • Feel secure? Security interests in patent sales transactions

    By Jeffrey C. Johnson | March 25, 2014

    Unless payment of a purchase price is otherwise guaranteed, patent sellers need to consider, and in most instances insist on obtaining, a security interest in the patents being sold.

    1 minute read

  • Patent troll bill moves through Wisconsin

    By Juliana Kenny | March 19, 2014

    In short, the patent troll usually ends up forcing the smaller company to license its patents rather than empty its pockets to fight for its own IP rights in court. Wisconsins Senate Bill 498 contains provisions that attempt to curb this activity.

    1 minute read

  • Patent owners beware, your patent has a 15 percent chance (or less) of surviving the PTAB

    By Cyrus Morton, David Prange | March 19, 2014

    The scary initial conclusion is that if the Board can find the limitations of your claim anywhere in the prior art, they will put it all together and invalidate the claim.

    1 minute read

  • Everything to consider in a defensive response to IP threats

    By David E. Mixon, David Vance Lucas | March 18, 2014

    Any well managed IP portfolio and strategy should include an assessment of IP threats, including litigation and business risks. Only by identifying these risks proactively can companies truly protect and leverage their valuable IP assets.

    1 minute read

  • The ‘paper-light’ IP office: A myth or reality?

    By Kurt Wedel | March 18, 2014

    While there are still those who would argue that paper-light is a myth, there are many attorneys and other IP professionals who have made, or are making, it a profitable and enjoyable reality.

    1 minute read

  • The never-ending debate over appellate review of patent claim construction

    By Sandip H. Patel | March 18, 2014

    The Courts review of the Cybor standard may well be inevitable in view of the Federal Circuits recently articulated division over the propriety of that standard.

    1 minute read

  • Hollywood battles torrent services

    By Rich Steeves | March 17, 2014

    But, like those pesky kernels at the bottom of the bucket that wont go away, Popcorn Time may still linger. Developers from movie torrent site YTS have indicated that they might take on the Popcorn Time project.

    1 minute read

  • With no end in sight for patent trolls, SMBs find a new weapon to help them fight back

    By Stefanie Mosca | March 17, 2014

    The Patent Trial and Appeal Board is small but powerful authority that allows a facing a lawsuit to challenge whether the patent should have been issued in the first place.

    1 minute read

  • Should the government review Internet economy copyright law abuse?

    By Amanda Ciccatelli | March 14, 2014

    As of late, the DMCA has been referred to as "the third rail of IP politics," due to the controversy it attracts. But, the balance that Congress struck in 1998 places compliance burdens on service providers and provides both with benefits.

    1 minute read

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