Friday, October 24, 2014

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Life Sciences and First-to-File: Predictable Problems

The author explores how implementation of the new first-inventor-to-file regime changes the playing field for life sciences patent applicants and their counsel…

2012 Trends in Patent Case Filings and Venue: Eastern District of Texas Most Popular for Plaintiffs (Again) But 11 Percent Fewer Defendants Named Nationwide

This article presents the 2012 patent case filing statistics. It then compares those numbers to case filings in 2011 and explores possible reasons for the changes, including how districts and district judges have reacted to continued venue challenges…

BNA INSIGHTS: Patents Become the New Currency Among Competing Tech Companies

With patents emerging as valued currency, the author offers tips for determining their value…

BNA INSIGHTS: An Analysis of Economic Espionage Act Prosecutions: What Companies Can Learn From It and What the Government Should Be Doing About It!

The Economic Espionage Act, 18 U.S.C. §§ 1831-91, was enacted 16 years ago to great fanfare and with the stated goal of better protecting critical U.S. corporate information from theft by foreign governments and unscrupulous competitors by criminalizing the theft of trade secrets…

Federal Circuit Resolves Joint Patent Infringement Liability Gap with New Inducement Standard

A patent owner claiming induced infringement no longer has to show that a single induced entity is liable for direct infringement, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, ruled Aug. 31 in a 6-5 split (Akamai Technologies Inc. v. Limelight Networks Inc. and McKesson Technologies Inc. v. Epic Systems Corp.)…

Jury Awards Apple $1.05 Billion in Cell Phone Patent Infringement Fight Against Samsung

Apple won big and Samsung lost big in an Aug. 24 jury verdict in the U.S. District Court for the Northern District of California (Apple Inc. v. Samsung Electronics Co…

Patent and Trademark Office Issues Final Rules for Implementing America Invents Act

The Patent and Trademark Office issued a final rule Aug. 14 on how it plans to implement the supplemental examination procedure authorized by the America Invents Act…

BNA INSIGHTS: ‘Discovering’ Trade Secrets: The Devil Is in the Details

Trade secrets are becoming a more fundamental part of intellectual property portfolios as intangible or knowledge-based assets are increasingly used to build and maintain a marketplace advantage…

SPECIAL REPORT: Next Steps After ICANN’s Big Reveal: Identifying the .Threats

Now that the Internet Corporation for Assigned Names and Numbers June 13 posted its list of more than 1,900 new generic top-level domain name applications, brands large and small are going to have to quickly evaluate which applications pose threats to their businesses and then plot their response. BNA surveyed nearly a dozen attorneys about what they would be looking for on “reveal day,” and requested tips for sorting through the list and developing a timely defensive strategy.

BNA INSIGHTS: Heightened Enforcement Environment Signals Increased Use of Economic Espionage Act

Just days ago, a Utah scientist facing over two dozen federal charges pleaded guilty to one count of unlawful access to a computer in exchange for the prosecution dropping 25 other related charges. The defendant faced allegations, among others, that he had violated the Economic Espionage Act, a federal law that criminalizes the theft of trade secrets. 18 U.S.C. §1832. His guilty plea is but the latest chapter in a series of prosecutions which signal that federal efforts to ramp up intellectual property protection are continuing to grow.

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