Searching Content indexed under Intellectual Property by Lewis Brisbois Bisgaard & Smith LLP ordered by Published Date Descending.
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Patent Litigation Trends In The Wake Of TC Heartland
In May 2017, the Supreme Court issued TC Heartland v. Kraft Foods Group Brands, a decision that many expected would significantly limit forum shopping in patent cases
United States
14 May 2019
New Jersey Employers Beware – Parts Of Your Employment Agreements May Now Be Unenforceable
New Jersey (March 21, 2019) - As of March 18, 2019, New Jersey employers may not include any provision in an employment contract that waives any substantive or procedural rights ...
United States
3 Apr 2019
The Ongoing Evolution Of Patent Venue
For over 20 years, venue in a patent case was proper in essentially any court in the United States. That all changed in May 2017 when the Supreme Court held in TC Heartland LLC v. Kraft Food Grp.
United States
2 Apr 2019
"Full Moon" Costs Denied By Supreme Court In Oracle Copyright Case
On March 4, 2019, the Supreme Court issued a unanimous decision overturning the Ninth Circuit Court's award of $12.8 million in costs in the copyright ...
United States
27 Mar 2019
Texas Introduces Three Bills To Curb Application Of Anti-SLAPP Statute In Non-Compete And Trade Secrets Litigation
Austin, Texas (March 14, 2019) - The Texas Citizens Participation Act (TCPA), enacted by the legislature in 2011, has been wreaking havoc in business and employment disputes
United States
27 Mar 2019
Supreme Court Denies Oracle "Full Moon" Costs In Copyright Case
Washington , D.C., (March 12, 2019) – On March 4, 2019, the Supreme Court issued a unanimous decision overturning the Ninth Circuit Court's award of $12.8 million in costs in the copyright
United States
21 Mar 2019
USPTO Supports "Counterintuitive" Interpretation Of AIA In Amicus Brief To Fed Circuit Court Of Appeals
In a curious legal scenario, the USPTO recently filed an amicus brief at the request of the Federal Circuit Court of Appeals, supporting a "counterintuitive" reading of the American Invents Act (AIA).
United States
18 Mar 2019
Supreme Court Concludes That Copyright Registration A Prerequisite To Filing Copyright Lawsuit
In a decision that did not surprise many, the United State Supreme Court held unanimously that indeed, the Copyright Act means what is says, namely,
United States
13 Mar 2019
Protecting Your "Secret Sauce"
You've got certain stuff in your business that sets you apart from your competitors. When I speak with clients and friends about my area of legal practice, I usually refer to this stuff as a company's "secret sauce."
United States
5 Mar 2019
PTAB Denies Post-Grant Review Request That Relied On Social Media Evidence
The Patent Trial and Appeal Board (PTAB) recently denied a request for a post-grant review of a design patent that relied on evidence from social media.
United States
8 Feb 2019
Huawei Trade Secrets Indictment Is Cautionary Tale For Tech Partnerships
In a case that will be watched closely by both national security personnel and intellectual property counsellors in the United States and China ...
United States
4 Feb 2019
Supreme Court Rules That AIA Did Not Alter The On-Sale Doctrine
The U.S. Supreme Court recently ruled that the phrase "or otherwise available to the public" added to 35 U.S.C. ง 102 in the America Invents Act (AIA) in 2011 did not change the "on-sale" doctrine, which provides that patent protection cannot be granted for an invention that was on-sale more than one year before the effective filing date of the patent.
United States
30 Jan 2019
Copyright First Sale Doctrine Inapplicable To "Used" Digital Music: Second Circuit
Copyright law's First Sale Doctrine is the foundation of the music resale business.
United States
29 Jan 2019
Preserving Patent Rights On A Global Stage: Foreign Filing Options And How To Successfully Navigate Novelty Requirements
Patent applicants often wish to expand patent protection by filing outside the U.S. This post concerns patent filings stemming from applications ...
United States
23 Jan 2019
"Blurred Lines" Final Judgment May Signal Paradigm Shift For Entertainment Copyright Law
In March 2018, the Ninth Circuit Court of Appeals rendered a landmark decision in the copyright infringement litigation surrounding Pharrell Williams and Robin Thicke's song, "Blurred Lines."
United States
28 Dec 2018
Federal Circuit Warns Patent Holders To Reconsider Cease And Desist Letters
Sending a cease and desist letter to a patent infringer should never be taken lightly.
United States
17 Dec 2018
2018 In Review – Inter Partes Review Developments, Part 2 Of 2
Following the Oil States decision in which the Supreme Court invoked the public rights doctrine to protect the Patent Trial and Appeal Board's (PTAB) authority to invalidate patents by inter partes review (IPR).
United States
14 Dec 2018
2018 In Review – Inter Partes Review Developments, Part 1 Of 2
In one of the most heavily anticipated, and in some ways controversial, decision of the year, the Supreme Court ruled in Oil States Energy Services v. Green's Energy Group ...
United States
12 Dec 2018
Labor & Employment Law Client Alert - November 2018
The 2018 California legislative session was another busy year with numerous employment-related bill signed into law.
United States
19 Nov 2018
Massachusetts Adopts Uniform Trade Secrets Act
In August, Massachusetts became the 49th state to sign into law its version of a Uniform Trade Secrets Act (MUTSA).
United States
23 Sep 2018
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