Intellectual Property

Induced Infringement Now Harder to Prove

An induced-infringement claim may arise, for example, when a company sells a product  which then gets used to implement a […]

Prince Decision Freed Up “Transformative” Use of Copyrighted Images

An attorney who advises clients on fair use explains why she considers the Second Circuit Court of Appeals decision in […]

Next Troll Target: Design Patents

The potentially vague “ordinary observer test” and the statutory right to recover the infringer’s total profit make design patents attractive targets.

Largest Chinese Wind Generator Company Charged With IP Theft

The New York Times reports the largest wind generator company in China, two of its executives, and a former employee have been indicted for IP theft.

Design Patents May Be Next Troll Target

Non-practicing entities currently focus on asserting business method or software patents, but soon they may turn to design patents. The […]

Trade Secret Strategy Might Look Better After Myriad Genetics

The recent Supreme Court decision disallowing patents on “genes and the information they encode…

The Biggest Trade Secret In Earth

Trade secrets vs. public disclosure in the fracking industry.

A Pitch For Patent Arbitration

Arbitrations in patent disputes are uncommon and underrated…

Patent Troll Success With Exclusion Orders Will Be Tested

NPEs that filed lawsuits with the International Trade Commission have been able to obtain…

Vermont Has Passed Its Own Patent Reform Law

It allows companies that have been targeted by patent trolls to recover legal costs and damages if…

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