Intellectual Property Law (CLE)

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.

Consumer surveys are one of the most powerful tools available in trademark or trade dress infringement cases, deceptive advertising, class action cases, and many other types of litigation. Yet despite the success of surveys in bringing about favorable settlements, many attorneys are still not familiar with the basics of consumer surveys and how they can be used.

Trade secrets are considered as one of the most valuable assets in any company and the need to effectively manage and protect these must be prioritized at all times. However, as companies continue to grapple with remote work arrangements, taking reasonable management and precautions for trade secrets has become more complex and challenging.

Policy changes continue to reshape trial practice before the Patent Trial and Appeal Board (PTAB). Some of the recent developments include expansion of the PTAB’s discretionary denial power, potential investigation of PTAB denials by the Congress, and judicial review of PTAB decisions following Thryv v. Click-to-Call.

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.

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.

The year 2020 has seen an upsurge in the number of disputes and investigations concerning trade secret misappropriation, and this is expected to continue in 2021. Currently, a significant number of Federal Bureau of Investigation (FBI) investigations revolve around "Chinese technology theft," which are done either by using insiders or any cyber means. Further complicating the trade secret protection landscape is the new risks posed by the recent shift of companies to remote work.

As intellectual property (IP) becomes more vital to many organizations, it is also becoming an attractive target for theft and infringement. Recent statistics have shown that IP theft in the U.S. jeopardizes millions of jobs and billions of dollars annually.

The protection of trade secrets and other confidential information is paramount to employers. However, with the increasing number of trade secret-related claims in employment litigation, companies are not only posed with threats of internal theft, but are also confronted with the challenge of safeguarding their assets.

The patent law landscape evolves at an accelerating pace, making it a challenge for patent law experts to navigate the Patent Trial and Appeal Board (PTAB) minefield every year.

Several common measurements and general methodologies are currently being used to calculate infringement damages in intellectual property (IP) lawsuits. To determine the most applicable ones, practitioners need to consider key facts and circumstances of a particular dispute.

The Standard Essential Patent (SEP) litigation landscape continues to evolve as years pass. Interestingly, its interplay with other legal areas presents unique challenges for businesses and patent owners.

The swift and unregulated development of artificial intelligence (AI) is significantly affecting innovation and the intellectual property (IP) landscape. As AI-based products, applications, and techniques continue to emerge in high volume, IP protection and enforcement issues are expected to increase.