Articles

Deliberate Differentiation – Strategic Role of IP in Making, Protecting Iconic Designs

Written by: Joshua L. Cohen This article first appeared in the July 31, 2018 edition of the Legal Intelligencer. Having just marked the centennial of the iconic Coke bottle, the time is ripe to reflect on Coca-Cola’s achievement in brand identity. With its unique design, the Coke bottle stood out among other colas and helped […]

Read more

Supreme Court Makes Waves in Ruling That Foreign Conduct Can Be Used In Determining Patent Damages And Supports WesternGeco’s $93 Million Jury Award for Lost Foreign Contracts

Written by: Christopher H. Blaszkowski Today, by 7-2 vote, the Supreme Court reversed the Federal Circuit’s determination that WesternGeco was precluded from most of a nearly $100 million jury award. The Federal Circuit had previously determined that much of that jury award (approximately $93 million dollars) was attributable to foreign conduct and, as a result, […]

Read more

Germany’s New Trade Secret Laws

Written by: Friedrich Scheele 1.  Introduction The “DIRECTIVE (EU) 2016/943 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure” provides for the harmonization of national trade secret regulations within the European Union. The German […]

Read more

Failure to Consider U.S. Export Control Regulations Can be Costly

Written by: Brett J. Rosen This article first appeared in the May 29, 2018 edition of the Legal Intelligencer. Export controls are laws and regulations that regulate and restrict the release of sensitive technologies and information to foreign countries and foreigners, both within and outside of the United States, for reasons of national security and […]

Read more

German Federal Patent Court Rules That Royalties Under a Compulsory License Must Be Paid Until Patent Revocation

Written by: Fritz Wetzel, Ph.D. Last year, the German Federal Patent Court concluded that Merck is entitled to a compulsory license from Shinogi to continue the sale of its HIV medicine Isentress®. The written reasoning for that decision is now available. This is the first time that the Federal Patent Court granted a compulsory license […]

Read more

Blockchain Technology – Patent Eligible Subject Matter or Just a Business Model?

Written by: Fritz Wetzel, Ph.D. This article first appeared in the April 4, 2018 edition of the Legal Intelligencer. Bitcoin, Ethereum, and Litecoin have become household terms.  Bitcoin’s unprecedented run to $20,000 (and back down again), along with similarly impressive gains by other cryptocurrency, has created a horde of so called crypto-millionaires.  But how many […]

Read more

How $1 billion in Design Patent Damages became $400 million (and may soon become less)

Written by: Brett J. Rosen Apple will soon return to court to continue its legal battle with Samsung over Samsung’s infringement of Apple’s iPhone design. The latest chapter of this saga concerns the proper methodology for calculating damages that Samsung must pay to Apple for infringing Apple’s design patents. As background to this case, a […]

Read more

ABA, AIPLA and IPO Offer Revisions to Clean Up the §101 Mess

Written by: Michael P.F. Phelps Raise your hand if you think 35 U.S.C. §101 has gotten too big for its britches!  Raise your hand if you think Section 101 needs to move over and let Sections 102, 103 and 112 do their jobs!  Raise your hand if you’re tired of subjective and inconsistent patent decisions!  […]

Read more

Patent Trolls Evicted From The Eastern District of Texas!

TC Heartland LLC v. Kraft Foods Group Brands LLC Written by: Christopher H. Blaszkowski This article first appeared in the June 1, 2017 edition of the Legal Intelligencer. Over the past decade or so, litigious non-practicing entities (also known as “patent trolls”) expressed a keen preference to litigation in the Eastern District of Texas (E.D. […]

Read more

Supreme Court Clarifies Separability Analysis for Copyright Protection of Elements of Industrial Designs

In a second Intellectual-Property-related decision in as many days, the U.S. Supreme Court issued a long-awaited ruling on March 22, 2017, in Star Athletica, L.L.C. v. Varsity Brands, Inc. et al. (No. 15-866), confirming that copyright protection extends to pictorial, graphic, and sculptural works regardless of whether they were created as freestanding art or as […]

Read more

Previous Entries