LJN - Intellectual Property Strategist
Hey! That's My Move!
Wed, 01 May 2019 00:09:49 EST
Copyright, Fortnite and the Ability to Protect How You Shake Your Groove Thing

The U.S. Supreme Court just crashed the copyright world's latest dance party — stepping on the toes of a soiree of copyright infringement lawsuits against videogame developer Epic Games, the creator of Fortnite.

IPR Estoppel: The Present and the Future
Wed, 01 May 2019 00:07:20 EST
IPRs have now been conducted for several years, and litigation has ensued over the procedures by which they are conducted. Decisions have been rendered by the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit, which have resolved some issues, created others, and altered procedures.
Best Practices for Social Media Advertising
Wed, 01 May 2019 00:05:39 EST
Social media is growing up, and this means that brands of all sizes and across all industries are using social media as part of their marketing strategy. However, courts have confirmed that the basic tenets of intellectual property law and advertising law still apply. The following guidelines stem from common questions that clients often have in the area of social media marketing.
IP News
Wed, 01 May 2019 00:03:27 EST
Federal Circuit Declines to Follow Patent Office's Subject Matter Eligibility Guidance In Affirming Trial Court's Decision That Claims Are Directed to Patent-Ineligible Subject Matter
The Supreme Court Finally Resolves An Old, Vexing Question: Does “Registration Mean “Registration ? Answer: “Yes.
Mon, 01 Apr 2019 00:09:58 EST
In Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, the Supreme Court resolved a circuit split decades in the making by holding that a copyright is not “registered within the meaning of the Copyright Act unless and until a registration certificate actually has issued.
SCOTUS Agrees to Hear Case Determining Federal Registrability of Immoral and Scandalous Trademarks
Mon, 01 Apr 2019 00:07:22 EST
This case should determine the availability of federal trademark registration for “immoral and “scandalous marks in this case, the acronym “FUCT for a clothing line.
Monopolizing the Disruptive
Mon, 01 Apr 2019 00:05:36 EST
The Federal Circuit's Threat to Software Innovation in the Oracle v. GoogleDecisions<

The Federal Circuit decisions in the Oracle v. Google copyright case rattled Silicon Valley not simply because the decisions upended software developers' understandings of copyright law, but also because the decisions do not comport with the disruptive ethos of the technology industry.

IP News
Mon, 01 Apr 2019 00:03:32 EST
In celebration of International Women's Day two years ago, State Street Global Advisors unveiled Fearless Girl at Bowling Green in the Financial District in Manhattan. Commissioned by State Street from the artist Kristen Visbal, the work has since become a part of the zeitgeist amidst global conversations about gender parity, diversity, and inclusion on a broader scale. Now, some two years later, Fearless Girl is raising additional intellectual property questions.
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.