Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more
9/22/2016
/ Asset Seizure ,
Confidential Information ,
Corporate Counsel ,
Criminal Liability ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Economic Espionage Act ,
EU ,
EU Directive ,
Ex Parte ,
Extraterritoriality Rules ,
Injunctive Relief ,
Jurisdiction ,
Limitation Periods ,
Misappropriation ,
Patents ,
Popular ,
Private Right of Action ,
Trade Secrets ,
TRIPS Agreement ,
Whistleblower Protection Policies ,
Whistleblowers ,
Young Lawyers
In a June 23, 2016 referendum, the combined electorates of the United Kingdom and Gibraltar voted in favor of the United Kingdom, and consequently Gibraltar, leaving the European Union (EU).
According to Article 50 of...more
7/5/2016
/ Article 50 Treaty of the EU ,
Community Designs ,
Copyright ,
Design Patent ,
EPO ,
EU ,
European Communities Act ,
European Patent Convention ,
European Patent Office ,
European Union Intellectual Property Office (EUIPO) ,
Intellectual Property Protection ,
Member State ,
Patents ,
Referendums ,
Trademark Act ,
Trademarks ,
UK ,
UK Brexit ,
Unified Patent Court ,
Unitary Patent
On June 13, 2016 Chief Justice Roberts delivered a unanimous decision of the Supreme Court in the case of Halo v. Pulse on the question of when enhanced damages can be awarded for patent infringement. This decision reversed...more
6/23/2016
/ 35 U.S.C. § 284 ,
Enhanced Damages ,
Halo v Pulse ,
Judicial Discretion ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patents ,
Preponderance of the Evidence ,
SCOTUS ,
Seagate ,
Standard of Review ,
Willful Infringement
On June 20th, in Cuozzo v. Lee, the Supreme Court affirmed the Federal Circuit holding that claims should be given their broadest reasonable interpretation in inter partes review proceedings....more
6/22/2016
/ Administrative Proceedings ,
America Invents Act ,
Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Cuozzo Speed Technologies v Lee ,
Final Judgment ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Standard of Review ,
USPTO
There are now three decisions of the Federal Circuit on appeals from the Patent Trial and Appeal Board (PTAB) on inter partes reviews:
- In re Cuozzo Speed Technologies LLC
- Belden Inc. v. Berk-Tek LLC and
-...more
7/31/2015
/ Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Cuozzo Speed Technologies ,
Inter Partes Review (IPR) Proceeding ,
Microsoft ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art
The inventor(s), the applicant (if not an inventor) and his or her attorney and others involved in preparation or prosecution of the application have a duty of candor in dealing with the United States Patent and Trademark...more
Many consumers today, plagued by embarrassing typographical errors when using their touch-screen smartphones, own a second smartphone with a keyboard, such as a BlackBerry phone, for their professional correspondence. To...more
In recent years, protection of designs has become of increasing importance. As Steve Jobs famously noted:
“People think it’s this veneer — that the designers are handed this box and told, ‘Make it look good!’ That’s...more
Two decisions of the U.S. Supreme Court on April 29, 2014 may have an impact on the “patent trolls” debate by changing the rules relating to the award of attorney fees to a winning party in litigation relating to patent...more