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IP Intelligence
How Will the Supreme Court Function With the Varsity Brands Test?
By Robert Welsh
On Monday, the Supreme Court announced it had agreed to review the Sixth Circuit’s copyright decision in Star Athletica v. Varsity Brands, which involves the issue of whether certain designs…
IP Intelligence
Full House Passes Defend Trade Secrets Act
On April 27, the full House of Representatives passed the federal Defend Trade Secrets Act (“the Act”) by an overwhelming vote of 410-2. As we have previously blogged, the Act…
IP Intelligence
Amended PTAB Rules to Take Effect on May 2, 2016
By Charlie Lyu
On May 2, 2016, amended rules governing post-grant proceedings before the Patent and Trial Appeal Board (“PTAB”), including inter partes review (“IPR”), post-grant review (“PGR”), and covered business methods (“CBM”),…
IP Intelligence
Patent Drafting Post-Alice: Broadly Define the Problem, and Narrowly Claim the Solutions
The notion of strategic claim drafting, which experienced patent practitioners understand, is all about writing specific, narrowly defined claims to cover the strategically important “choke points” in a value chain.[1]…
IP Intelligence
House Judiciary Committee Passes Defend Trade Secrets Act
Wow, that was fast! We recently blogged about the revised Defend Trade Secrets Act, which passed the Senate on April 4, 2016, by an 87-0 vote. On April 20, the House…
IP Intelligence
Epic Verdict in Trade Secrets Case
Last week, a federal jury in Wisconsin awarded almost $1 billion to Epic Systems Corporation in its trade secrets case against Indian consulting company Tata Consulting Services, Ltd., and its…
IP Intelligence
Central District of California Holds That the California Resale Royalty Act Is Preempted by Federal Copyright Law
By Eric Hiatt
As previously discussed on this blog, the validity of the California Resale Royalty Act (the “RRA,” Civil Code Section 986), a 1976 law that requires resellers of fine art to…
IP Intelligence
Federal Circuit Holds Trademark Infringement Must Be Willful to Warrant Award of Infringer’s Profits, Highlighting Continuing Circuit Split
The Federal Circuit, applying Second Circuit trademark law, has weighed in on the issue of whether an infringer’s profits are recoverable absent a finding of willful infringement. In Romag Fasteners,…
IP Intelligence
“And if You Listen Very Hard” . . . Zeppelin Going to [Trial in] California
Central District of California Judge Gary Klausner ruled the founders of rock band Led Zeppelin – and more particularly, front men Jimmy Page and Robert Plant – must face a…
IP Intelligence
Patent Office Updates Rules for Post-Grant Proceeding Duty of Candor
The United States Patent and Trademark Office recently amended 37 C.F.R. § 42.11 to include a certification requirement similar to that of Rule 11. Section 42.11 prescribes the duty of…