IP & Technology Law Trends
All Articles
Supreme Court Makes Recovery of Treble Damages Easier in Patent Cases: Halo Electronics, Inc. v. Pulse Electronics, Inc.
In what is becoming a trend, the United States Supreme Court on Monday overturned longstanding Federal Circuit precedent, with the result that it should now be easier for a successful litigant to recover treble damages for pursuing patent infringemen...
Continue Reading >
The Proposed TTAB Rules Package – What You Need to Know
On April 4, 2016, the U.S. Trademark Office announced the long-awaited proposed Trademark Trial and Appeal Board (TTAB) rule changes. The TTAB hears appeals from denial of trademark registrations (ex parte appeals) and holds trials between parties in...
Continue Reading >
Federal Trade Secrets Act is Now Law!
Today, President Obama signed into law the Defend Trade Secrets Act. This blog posted an article on the topic last Friday in anticipation of the bill becoming law. The new law takes effect upon enactment ("(e) Effective Date–...
Continue Reading >
On the Eve of Enacting The Defend Trade Secrets Act
The United States is about to enact The Defend Trade Secrets Act, an overwhelmingly bipartisan effort to provide a federal law civil claim for misappropriation of trade secrets. It is anticipated that President Obama will sign the bill, and it will b...
Continue Reading >
Two New Right of Publicity Decisions Heighten First Amendment Tension
We go for months with nothing but the slightest right of publicity kerfuffle here and there; and then, in the space of less than two weeks, we get two major appellate decisions. Both the Eighth and Ninth Circuit Courts of Appeal recently handed down...
Continue Reading >
What is "Actual Notice"? The Federal Circuit Weighs in for Purposes of Pre-Issuance Patent Damages Under 35 U.S.C. 154(d)
Since 1999, U.S. patent law provides for pre-issuance patent damages of a reasonable royalty measured as far back as the date of the patent publication date (of the issued patent) if: (1) the published patent claims are substantially identical to the...
Continue Reading >