Who Moved My Beer? (Part 2) – Hangover Prevention

Griffin Lee
Recap In Part 1, we examined what happened to [LAST NAME] Brewing (formerly Dale Bros. Brewery). After growing as a craft brewery for 11 years, they felt they were large enough as a company to file for a trademark to protect their name… and then got denied. These types of situations are more common than […]

New Antitrust Rules for IP – Comment Period Now Open

The Federal Trade Commission and Department of Justice proposed on August 12, 2016 to revise the Antitrust Guidelines for the Licensing of Intellectual Property (the “IP Licensing Guidelines”) for the first time in over two decades.  Since 1995, the IP Licensing Guidelines have provided guidance to businesses and the public regarding potential antitrust issues that […]

Primate Expert says Monkeys can be Authors

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In January a judge in the Northern District of California dismissed a complaint which asked that a monkey named Naruto be the owner of a copyright in a photograph. The order of dismissal can be downloaded here. The court held that there was no standing under the Copyright Act since a monkey is not an “author,” […]

Who Moved My Beer? (Part I)

Griffin Lee
Part I – What’s in a Name? What do you do when, after growing as a craft brewery for 11 years, you file for a trademark to protect your name… and get denied? That’s exactly what happened to [LAST NAME] Brewing (formerly Dale Bros. Brewery). Brothers Curt and Andy Dale started [LAST NAME] Brewing in […]

Would Your Software Patent Hold Up to a Novelty-Type Analysis Under the Alice Test?

Federal Circuit Clarifies Potential Path for Arguing Subject Matter Eligibility of Software Patents Based on a Novelty-Type Analysis In a rare reversal of a lower court’s invalidation of a software patent as a patent-ineligible abstract idea, the Court of Appeals for the Federal Circuit in Bascom Global Internet Services Inc. v. AT&T Mobility LLC et al., […]

A Comparison of Major Provisions of The Defend Trade Secrets Act to Those of The Model Uniform Trade Secrets Act

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The Defend Trade Secrets Act of 2016, Pub. L. 114-153, (“DTSA”) was signed into law by President Obama on May 11, 2016, and took effect immediately.[i]  This act constitutes a major expansion of federal law pertaining to the protection of trade secrets.  Most significantly, it introduces a new federal civil cause of action for trade […]

New Federal Trade Secrets Law Significantly Expands Litigation Options

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Yesterday President Obama signed into law the Defend Trade Secrets Act (DTSA).  This act has been described as the most significant expansion of federal intellectual property law since the Lanham Act (protecting trademarks) was enacted in 1946. For the first time, the DTSA creates a federal private right of action for trade secret misappropriation.  Historically, […]

Inter Partes Review: Can Petitioners Submit Expert Declarations After Institution?

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Many inter partes review (IPR) petitions rely on expert declarations in support of their challenge,  filed with the petition.  Expert declarations are used for several purposes–to provide a construction of critical claim terms, explain how persons of ordinary skill in the art would understand prior art references, identify features that are necessarily present in prior […]