IP Rights Enforcement and Technology Implications: Key Considerations and Best Compliance Practices Exploredjasper.alamares2021-10-12T10:15:45-04:00
In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments in IP Rights Enforcement and Technology Implications: Key Considerations and Best Compliance Practices Explored.
In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments in A Comprehensive Guide on Securing and Enforcing Trade Secrets: Demystifying Best Practices. Speakers will also present all important issues surrounding this significant topic. Join us for this Knowledge Group Webinar!
The market potential of cannabis has been continuously expanding along with its growing legalization in the US. With the rise of commercial opportunities, patenting activities in the cannabis industry also increased, posing new challenges to patent owners and applicants alike. One of the most significant issues surrounding cannabis patent is the assumption that early applicants received an overly broad scope of patents which might affect market flow and development in the long run.
Many companies anticipate an active monetization of standard-essential patents (SEPs) considering the high-investment setting for technological inventions. To mitigate risks and high expenses, many firms turn to SEPs licensing. However, it has never been an easy task, considering the discourse on which patents are essentials and which are not, particularly in negotiating for royalties, portfolio value, and infringement claims.
Emerging Issues in Patent and Trade Secret Law: Protecting and Litigating Proprietary Subject Matter in the Life Sciences, and Critical Updates for Counsel and IndustryHarvey Baroso2021-10-18T22:29:25-04:00
Intellectual property (IP) rights are extremely valuable business assets, particularly in the pharmaceutical and biotechnology industries. With various legal complexities further intensified by the pandemic and by nation-state hackers, protecting inventions has never been an easy task.
The Alice Corp. Pty. Ltd. v. CLS Bank decision created a big shift in the patent law landscape, particularly in the evaluation of patent subject matter eligibility. Thus, leading to the rise in patent eligibility cases. However, the Alice decision’s flawed and vague interpretation left litigants and trial courts in sheer confusion.
In the U.S. and Canada, courts have designed the doctrine of obviousness-type double patenting (ODP) to prevent inventors from gaining an unjust extension of their patent rights by obtaining patent on the obvious variants of an invention. By rejecting and invalidating ODP, courts prevent the manipulation of issue dates and patent rights by patentees.
Calculating patent damages is no small feat. Foremost, practitioners need to establish a credible calculation that aligns with the circumstances surrounding a case. At the same time, this calculation should be clear in a way that triers of fact can understand and accept. Adding to the complexity are emerging litigation issues that constantly mold and remold the procedure. Thus, it is crucial that practitioners utilize applicable damages calculation methodologies cautiously.
Effective calculation of intellectual property damages is a crucial factor in any IP litigation. However, with significant court cases constantly shaping the process, several risk issues including apportionment analysis, royalty base issues, and damages calculation methodologies must be carefully considered to avoid unwanted risks and pitfalls.
There has been an upsurge in antidumping (AD) and countervailing duties (CVD) petitions in recent years. Commerce Department and International Trade Commission practice has evolved with this increase in the caseload. Not only can these duties be very significant, but some of these new developments make it harder for foreign manufacturers and U.S. importers to assess potential AD and CVD risk.
Overcoming Sections 101,102, 103 Conundrum for Biotech and Chemical Patents: Practical Guide in 2020Iwork OJT2021-05-18T06:27:01-04:00
In recent years, the hope on solving the patent eligibility conundrum is still up in the air. Precedential decisions interpreting and applying Section 101 from both the Supreme Court and the Federal Circuit created tangled patent eligibility rulings that have limited the ability to patent certain technologies. In connection with this, earlier this year, the members of the Senate Judiciary Subcommittee on Intellectual Property, along with members of the House, have produced a draft bill that will revise 35 U.S.C. Section 101. However, this draft bill is not yet available for there are still a lot of details to be discussed, and the proposed legislation is still to be determined. A mutual effort to produce a consistent subject matter eligibility framework is both an achievement and a raising opportunity for the year ahead.
What's new in trademark law in the age of COVID-19? Join seasoned trademark law experts, Stephen Jadie Coates (Coates IP) and Maureen Shannon (Rivian Automotive), as they discuss how the ramifications of the pandemic has impacted the practice of trademark law and their perspective on such changes. Speakers will also discuss recent cases and upcoming regulatory changes. They will also provide the audience with practical strategies for managing trademark issues in a rapidly evolving legal climate.
Effective management of patent portfolios can substantially boost a company’s bottom line. Businesses can realize their patent portfolio’s value more if they have a sound management plan.
Inter Partes (IPR) and Post Grant Reviews (PGR) have become an essential part of the patent litigation battlefield. With Patent Office priorities and Federal Circuit decisions such as Arthrex, Inc. v. Smith & Nephew, Inc. constantly changing the landscape for these proceedings, it is imperative for all patent litigants to be well-versed with recent Federal Circuit decisions as well as recent decisions that the Patent Office has designated Precedential or Informative.