Articles

Managing IP So the ‘First Sale’ Is Not the ‘Last Nail’

Written by: Rex A. Donnelly This article first appeared in the April 2, 2019 edition of the Legal Intelligencer.   Numerous opportunities and pitfalls lay in wait along the path to launching a new product. Integrating IP into the design process from an early stage is critical. Your company is excited to launch a new product—the […]

Read more

Guidance Regarding a Standing Requirement for IPR Appeals in 2 Recent Pharma Cases

Written by: James Matthew Gould This article first appeared in the March 28, 2019 edition of the Legal Intelligencer – IP Supplement.  Thanks to recent decisions by the U.S. Court of Appeals for the Federal Circuit (CAFC), we have clarity that both requirements must be met to appeal an adverse final written decision issued during […]

Read more

New EU Copyright Directive

Written by: Benjamin E. Leace & Friedrich Scheele Yesterday, the European Parliament made the first major change to copyright law in years by approving the Copyright Directive. The European Union member states have 24 months to incorporate and implement the Directive into their respective national laws. The final vote (348 in favor and 274 against) […]

Read more

Patent Office’s Section 101 Guidance Makes a Big Splash While Section 112 Guidance Lies Dormant

Written by: Sunjeev S. Sikand Patent Act Section 101 is a historically controversial topic in the intellectual property world. Earlier this week, I posted about the large volume of public comment submissions to the Patent Office in response to the Revised Subject Matter Eligibility Guidance on Section 101. The Electronic Frontier Foundation (EFF) has issued a “Call to Action” and argues that the Revised Subject […]

Read more

Efforts to Invalidate Design Patents for Vehicle Body Parts Continue

Written by: Brett J. Rosen The process begins in an artist’s studio with black colored charcoal pencils and a stack of drafting sheets arranged on an easel.  Starting from an overall concept that exists only in one’s mind, the designer slowly and methodically draws lines on the paper forming a silhouette as the charcoal splinters […]

Read more

Gambling Patents a Bad Bet at the Federal Circuit

Written by: Andrew J. Koopman This article first appeared in the January 31, 2019 edition of the Legal Intelligencer. Casino games haven’t changed too much since James Bond first took a seat at the Royale-les-Eaux casino in the early 1950s.  While Texas Hold ‘Em may have surpassed baccarat, the staples—blackjack, craps, roulette—have reigned supreme for decades.  […]

Read more

The EUIPO Just Revoked A World Famous Trademark, and McDonald’s Isn’t “Lovin’ It”

Written by: Friedrich Scheele McDonald’s hamburgers span the globe.  These sandwiches, renown throughout the U.S., are also widely available in Munich, Paris, and many other European cities.  One of its more famous hamburgers, available globally, is the BIG MAC®.  Its ubiquity is so well-established that The Economist created a purchasing-power parity (PPP) index in 1986 […]

Read more

A Look at Inter Partes Reviews One Year After ‘SAS Institute’

Written by: Christopher H. Blaszkowski This article first appeared in the January 10, 2019 edition of the Legal Intelligencer. In October 2017, the U.S. Supreme Court issued a boon to patent challengers (also known as “petitioners” at the Patent Trial and Appeal Board (“PTAB”)) in SAS Institute Inc. v. Iancu, holding that that PTAB must issue a […]

Read more

When Sweet Treats Create Bitter Disputes: Trademark Clashes are No Stranger to Chocolate

Written by: Andrew J. Koopman This article first appeared in the October 3, 2018 edition of the Legal Intelligencer. When it comes to chocolate, taste is king, but appearance is not far behind. International candy manufacturer Nestlé S.A. has suffered a setback in its long-running effort to obtain trademark protection throughout the European Union for […]

Read more

How Will Electrification, Connectivity and Autonomy Impact Auto Prices?

Written by: Brett J. Rosen With the advent of electrification, connectivity and autonomy in passenger vehicles, the automotive landscape is changing at a rapid pace.  Many vehicles can communicate with other vehicles, detect pedestrians, drive without user intervention, observe driver behavior, and drive long distances on a single electrical charge.  Original equipment manufacturers (OEMs) in […]

Read more

Previous Entries