President Obama signed into law yesterday the Defend Trade Secrets Act, establishing for the first time an ostensibly uniform national trade secret protection standard.

Typically the party with the burden of proof has the final opportunity to argue in an IPR.

Suggestions to amend or abolish 35 U.S.C. § 101 of the Patent Act are increasing in light of the number of software and biological patents invalidated after the Supreme Court's Alice Corp. v. CLS Bank Int'l, 134 S. Ct. 2347 (2014) and Mayo Collaborative Servs. v. Prometheus Labs., Inc., 132 S. Ct. 1289 (2012) decisions, which have been used aggressively to challenge the subject matter eligibility of patents.

Industrial design protection took a major step forward when President Obama signed the Patent Law Treaties Implementation Act (the "PLTIA").

Trademark attorneys like to explain to clients that they are not only protecting goods listed in their registration but also goods that would be considered related.

The Patent Trial and Appeal Board ("PTAB") recently sided with petitioner BioMarin Pharmaceutical in three inter partes review proceedings involving Genzyme’s enzyme therapy product Myozyme®.

Finding ways to enhance client relationships early in one’s career not only increases personal satisfaction between client and attorney, but it also positively affects the bottom line.

On August 30, 2016, the Federal Circuit issued a decision in Veritas Technologies LLC v. Veeam Software Corp. addressing a patent owner's motion to amend filed in an Inter Partes Review (IPR) proceeding.

The Supreme Court's decision in Alice Corp. v. CLS Bank Bank Int'l, 573 U.S. __, 134 S. Ct. 2347 (2014), had a dramatic impact on so-called software patents and business-method patents.

The PTAB recently denied institution of Teva Pharmaceutical USA, Inc.'s petition for inter partes review primarily based on Petitioner's failure to make a sufficient threshold showing that two asserted references qualify as prior art.

In LG Electronics v. Mondis, petitioner LGE was sued twice on the same patent. In the first action (served January, 2008) the claims directed to existing products were eventually dismissed with prejudice...

On March 31, 2016, the Federal Circuit issued an Order denying Petitions for Rehearing En Banc filed by the U.S. International Trade Commission and intervenor Align Technology, Inc.

In In Re: Warsaw Orthopedic, Inc., the Federal Circuit reiterated that its function is not to "reweigh facts already considered by the PTAB"...

Two recent cases from the Federal Circuit and Patent Trial and Appeal Board ("PTAB") emphasize the limited role of process limitations when analyzing the validity of pharmaceutical product claims.

On June 22, 2012, the U.S. Copyright Office issued a clarification on the examination of compilations, specifically choreographic works, effectively limiting copyright protection to only those works that also fall under the categories identified in section 102(a) of the Copyright Act.

On December 11, 2015 Bill Carroll and Heidi Dare's article "A Closer Look At Ariosa After Fed. Circ. Denies Rehearing" was published in Law360.

In 2004, Google began a project with several research libraries to make digital copies of tens of millions of books.

In a recent case, the Federal Circuit held that a good-faith belief in patent invalidity may prevent a finding that the alleged inducer had the requisite knowledge that the induced acts constitute patent infringement.

On February 10, 2015, the Court of Appeals for Federal Circuit in Helferich Patent Licensing v. NY Times and JCPenney reversed a district court decision holding that the doctrine of patent exhaustion barred a patentee’s claim of patent infringement.

Imitation, they say, is the sincerest form of flattery. But in the trademark world, imitation is sincerely unwelcome.