Central District of California: Decision in Graham v Sotheby’s.

John Carson - California Sothesby

On March 17, 2017, Judge Nguyen of the Central District of California struck down the California Resale Royalty Act (CRRA) as violative of the Due Process Clause of the United States Constitution (Graham v. Sotheby’s).  The Court stated that the CRRA is invalid because it regulates transactions that take place wholly outside of the State …

Does your Export Plan Take into Consideration Intellectual Property Protection?

Deciding when to take a product or service to a foreign market is a difficult decision.  The perceived opportunities presented by the latest hot market can be tempting for a company wanting to grow.  However, exporting is not without risks and challenges.  Many companies expand too early without an adequate export plan that identifies the …

Fashion Blog: Industry May be Left Defenseless Against Infringers

Fashion designers could be left defenseless against copycats if the US Supreme Court rules that certain features are not protected under the Copyright Act. The Supreme Court will soon hear oral argument in Varsity Brands, Inc. v. Star Athletica, LLC.  At issue is what, according to Petitioner Star Athletica, LLC, is “the most vexing, unresolved …

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 …

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., …

New Federal Trade Secrets Law Significantly Expands Litigation Options

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?

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 …