LJN - Intellectual Property Strategist
UMG v. Grande Communications: Another Victory for the Music Industry in Its Battle to Hold ISPs Liable for Peer-to-Peer File Sharing
Fri, 01 Mar 2019 00:09:24 EST
Since the advent of the Internet, the music industry has been in a pitched battle to combat online piracy. Initially, the industry focused on shutting down services that offered peer-to-peer or other similar platforms, such as Napster, Aimster and Grokster. For a time, the industry also focused on filing claims against individual infringers to dissuade others from engaging similar conduct. In recent years, the industry seems to have shifted focus toward Internet Service Providers.
The DTSA's Jurisdictional Nexus, Three Years In
Fri, 01 Mar 2019 00:07:25 EST
The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.
When Alice Leaves Software in Wonderland: Review the Terms of Use
Fri, 01 Mar 2019 00:05:45 EST
That least-read contract — the Terms of Use — can be an effective (albeit the last) weapon in the arsenal of a company trying to protect unpatented software technology while providing on-line services.
IP News
Fri, 01 Mar 2019 00:03:12 EST
SCOTUS Confirms that Secret Sales Continue to Qualify as Prior Art Under the AIA
New York District Judge Extends Estoppel Under §315(e) to Grounds Not Raised in Petition for Inter Partes Review
11th Circuit Weighs in on Intersection of Lanham Act and FDCA Protein Powder Labeling Requirements
Fri, 01 Feb 2019 10:17:42 EST
A battle between two dietary supplement manufacturers has revived interested in the intersection between the Lanham Act and federal labeling regulations. The issue: can an advertiser challenge a competitor's product label for false advertising under the Lanham Act if it complies with applicable federal regulations?
The USPTO Brings New Guidance to the Section 101 Quandary
Fri, 01 Feb 2019 10:09:56 EST
Part Two of a Two-Part Article

USPTO Attempts to Provide Greater Clarity for Patent-Eligible Subject Matter

IP News
Fri, 01 Feb 2019 09:49:04 EST
Kapoor v. National Rifle Association of America
Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity
Tue, 01 Jan 2019 00:07:38 EST
Part One of a Two-Part Article

Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.

Use of Arbitration In Place of Inter Partes Review Proceedings
Tue, 01 Jan 2019 00:05:32 EST
An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners.
IP News
Tue, 01 Jan 2019 00:03:18 EST
Obviousness-Type Double Patenting Does Not Invalidate Section 156 Patent Term Extension
Federal Circuit Holds Assignor Estoppel Does Not Apply in IPR Context
Federal Circuit Reverses District Court Holding of Patent Ineligibility of Computer Security Patent
An Overview of Recovering Trademark Infringement Damages
Sat, 01 Dec 2018 00:09:43 EST
This article discusses recovering damages for trademark infringement and various strategies for establishing those damages.
Further Guidance On Article III Standing To Appeal PTAB Decisions Coming Soon
Sat, 01 Dec 2018 00:07:06 EST
How, if at all, can a non-injured party that challenges a patent before the PTAB and loses may then demonstrate Article III standing to appeal to the federal courts from the PTAB's decision upholding the patent's validity.
U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise
Sat, 01 Dec 2018 00:05:36 EST
The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.
IP News
Sat, 01 Dec 2018 00:03:43 EST
Converse v. ITC
The PTAB's New Claim Construction Standard: Will the Real Impact Please Stand Up
Thu, 01 Nov 2018 00:09:55 EST
Beginning on Nov. 13, 2018, the USPTO will cease to apply the broadest reasonable interpretation (BRI) standard for newly-filed IPR, PGR, and CBM trials under the America Invents Act (AIA). Instead, the USPTO will begin “using the same claim construction standard that would be used to construe the claim in a civil action ."
Alleging the Existence of a Trade Secret in a Misappropriation Case
Thu, 01 Nov 2018 00:07:33 EST
The Detail Dilemma

How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court's viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.

The 'New NAFTA' and How It Will Affect Intellectual Property Law
Thu, 01 Nov 2018 00:05:53 EST
The stage is set for the 24-year-old north American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA), which has implications for intellectual property, to take its place.
IP News
Thu, 01 Nov 2018 00:03:34 EST
Obviousness Determination Can Be Different for Apparatus and Method Claims
Petitioner “Bears the Burden On Demonstrating Real Parties in Interest
The High Bar for Challenging an Improperly Revived Patent
Mon, 01 Oct 2018 00:11:29 EST
The recent In Re Rembrandt Technologies decision is a reminder of both the potential consequence of a patent holder's disingenuous assertion of unintentionality and the challenges that defendants face when raising the improper filing of a petition to revive a lapsed patent as a defense.
Fair Use, First Sale and Marilyn Monroe
Mon, 01 Oct 2018 00:09:19 EST
Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?