Legal Insights
Thought leaders from around the world contribute their perspectives on landmark cases, new legislation, and legal perspectives on new technologies, business practices, and civil procedure.
Featured Articles
New European Unitary Patent Is Not-So-Wonderful
Michael B. Fein
If the European Parliament and the 25 participating states were trying to emulate a U.S. patent and replace the present Balkanized system wherein each state has its own patent granting authority and courts handling patent litigation, it has failed miserably.
The Short and Long Answers on Patent Applications
John Powers
How long do patent applications take? Consider what you're filing for, and the strength of your proposal.
Supreme Court Reinstates Venue Limitations in Patent Cases
Jeff C. Dodd, Tonya Gray, Ben Setnick, John R. Hutchins, Rose Cordero Prey, and Mark A. Chapman
This week, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court undid the settled practice of virtually nationwide venue for patent infringement cases.
The Argument Against Self-Representation in Patent Cases
John Powers
A look back at the 1983 Nilssen case, and what it means for patent law today.
Greek Supreme Court Contests the Validity of Philips’ EFM+ (DVD) Patent
Kriton Metaxopoulos
An overview on the ruling of Philips’ EFM+ (DVD) Patent in the Greek Supreme Court.
Patent Battles at the PTO
S. Benjamin Pleune
Inter partes review (IPR) has become the procedure of choice to resolve the validity of patents, with or without a co-pending litigation.
Drones: What Legal Issues Should You Be Thinking About?
Rachel Constantino-Wallace, John Roche, and John Wechkin
Issues like product liability, FAA compliance, privacy, and IP surround the use of drones for personal and business use.
Supreme Court Rejects the 'Promise of the Patent,' Redefines Canada’s Patent Utility Requirement
Julie Desrosiers and Michael Shortt
The nine judges of the Supreme Court ruled on Friday that the so-called “promise doctrine” was not part of Canadian patent law, and laid out a new approach to the utility requirement which substantially lowers the bar to proving usefulness of patented inventions.
Is That Famous Song Protected by Copyright? Maybe Not – and the Change Means Refunds for Some
Michael B. Fein
A guide to navigating copyright claims on famous songs.
How Patents Will Change Under the "New" Supreme Court
Jamie L. Graham
Patent law is one more area up for debate with changes coming to the Supreme Court.
Understanding the Constitutionality of Patent Law
John Powers
Ideas can be stolen, just like the machines or products they were used to create.
Should You Opt for a Career Expert Witness or a First Timer?
Erin Quinn-Kong
There are reasons to hire an expert with 30-plus years of experience, but don't underestimate the skills of a first timer.
An Interview With Jan Bernd Nordemann of Boehmert & Boehmert, Winner of the 2019 "Law Firm of the Year" Award for Intellectual Property Law in Germany
Best Lawyers
The international property law attorney discusses his firm's recent successes and the trends taking over the IP field.
Initial Data Shows that PTAB Is Not a ῾Death Squadʼ for Biologic Drug Patents
Corinne E. Atton and April M. Breyer
The March 2017 statistics issued by PTAB report that across all technologies, all challenged patent claims are found patentable in only 19 percent of inter partes review (IPR) final written decisions.
Beyond Rope and Dope
D. Rodney Kight Jr.
The hemp industry emerges as a powerful global force in natural health care.
Morrison Foerster Wins Jury Trial for University of California Davis
Morrison & Foerster
Jury trial won for the University of California Davis in—yes—a strawberry patent infringement case.
Lawyer Commendations Feature Makes It Easy to Recommend Top Legal Talent
Best Lawyers
Attorneys recognized by Best Lawyers can now position themselves as reliable industry resources.
Is Your U.S. Trademark Registration Being Audited?
Paul C. Van Slyke
The first of a two-part look at updates to the U.S. trademark registration process, and what it means for you and your business.
Q&A with Colleen Tracy James of Mayer Brown
Best Lawyers
A Q&A with Advisory Board member Colleen Tracy James of Mayer Brown.
“Defend Trade Secrets Act” Signed Into Law Effective May 11, 2016
Brooks Kushman
The Defendant Trade Secrets Act of 2015 (“DTSA”), was signed into law by President Obama on May 11, 2016. The new statute creates broad private federal cause of action for trade secret misappropriation and has been hailed as “the most sweeping change to the nation’s intellectual property laws in a generation or more.”
In the News Weekly Roundup: Los Angeles Times Wins First Amendment Fight
Best Lawyers
A roundup of recent news of listed lawyers across the country.
Pennsylvania Supreme Court Issues Landmark Workers’ Compensation Decision
Dave Brown
The claimants’ workers’ compensation bar in Pennsylvania scored a significant victory when the state’s high court issued its decision in Protz v. WCAB.
Protect Two of Your Most Valuable Business Assets: Your Company Name and Important Brand Names
Paul C. Van Slyke
Your company name and important brand names are two types of your most valuable business assets. Without your company name and brand names, consumers and trade buyers would not be able to identify easily (and choose) your goods or services over those of another.
Victory for The Slants and Redskins
Carol Steinour Young and Emily Hart
On June 19, 2017, the United States Supreme Court settled the issue of whether an offensive name—in this case, an Asian-American rock band called “The Slants”—can properly be registered as a trademark.
Summer Travel, Trucking, and Hidden Dangers
LaBarron N. Boone
As vacationers take to the roads this summer, they may not realize the dangers those driving the big rigs next to them face.
