On this episode of The Tech Law Hangout, host Jordan Becker is excited to welcome his colleague Troy Foster, a partner and co-chair of Perkins Coie’s Emerging Companies & Venture Capital practice, to discuss the differences and similarities of venture capital and private equity.

A federal jury in California on January 26, 2024, found that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D did not dispute that she used Sedlik’s photo as a reference for a tattoo she performed on a friend.

On this episode of The Tech Law Hangout, host Jordan Becker discusses whether an inventor really needs a patent lawyer and how working with one can ensure the patent application is of the highest quality possible.

In this episode, Michael Glenn and Colin Fowler discuss earth observation with Clint Graumann, CEO and co-founder of Nuview, a company that is building a commercial satellite constellation dedicated to annually mapping the planet’s entire land surface using LiDAR technology.

On this episode of The Tech Law Hangout, host Jordan Becker and his colleague Valeska Pederson Hintz discuss raising capital for startup companies

On this episode, host Jordan Becker explores three types of patent applications and reveals which ones are best suited for different types of inventions.

In this episode, Michael and Colin talk to Kumar Gaurav, a former manager on Perkins Coie’s Finance Digital Transformation team.

On this episode of The Tech Law Hangout, host Jordan Becker digs into intricacies of the patent application process.

Tom Millikan and Kevin Zeck authored an article published in Law360 titled "The Year In FRAND: What To Know Heading Into 2024"  about significant developments that occurred in 2023 concerning the fair, reasonable and nondiscriminatory patent licensing regime and what to expect in the coming year.

The last few months have seen a flurry of activity in cases involving artificial intelligence (AI), including some of the first major rulings involving generative AI.

Host Jordan Becker explores the evolving world of AI, discussing burning questions.

John Delaney and Sean West authored an article for Law360 regarding the seven copyright and AI questions courts need to address.

Join us on The Tech Law Hangout as we dive into the misconceptions surrounding software patentability.

Join us on The Tech Law Hangout as we explore the true significance of holding a patent and the essential requirements for obtaining one.

In the premiere episode of The Tech Law Hangout, host Jordan Becker guides us through the world of intellectual property (IP) law, including patents, copyrights, trademarks, trade dress, and trade secrets.

Welcome to The Tech Law Hangout, where law and technology collide in a dynamic conversation.

Join host Colin Fowler and guest host Suzana Gadzo as they travel the floor at TechCrunch Disrupt 2023 to meet inspiring entrepreneurs committed to creating innovation’s next wave.

Grace Han Stanton, Jared Bryant, and Mira Park authored an article titled "Safeguarding Style: An Examination of Brand Protection in the Fashion and Luxury Industry" for World Trademark Review's third quarter special report. The report examines brand protection in the fashion and luxury industry and discusses the growing regulatory scrutiny of sustainability and green claims in the United States, including the rules promulgated by the USPTO and FTC related to such claims.

In this episode, Michael Glenn and Colin Fowler meet with Hope Shimabuku, director of the Texas Regional U.S. Patent and Trademark Office to learn how the Patent Office fulfills its mandate of encouraging and protecting innovation, including by reaching out and serving underrepresented and overlooked inventors.

In this episode, Michael Glenn and Colin Fowler talk with Ajay Bam, CEO and co-founder of Vyrill, about indexing the content within hosted videos by timecode to enable direct navigation within videos.

The U.S. Patent and Trademark Office extended its Climate Change Mitigation Pilot Program on June 6, 2023, encouraging inventors to play a more significant role in mitigating climate change. The USPTO created the CCMPP more than a year ago in response to President Biden’s Executive Order 14008, which supports climate action throughout the United States.

The U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn Goldsmith for use as a magazine cover was not fair use.

Trademark infringement has no statute of limitations but should have.

In this episode, Michael Glenn and Colin Fowler talk with Eric Bartsch, co-founder and chief executive officer, and Erik Lindbergh, co-founder and executive chairman, of VerdeGo Aero, about the application of hybrid-electric generators to power electric motors on airplanes, improving efficiency and maneuverability. The future of flight is electric.

In this episode, Michael Glenn and Colin Fowler talk with Aarash Darroodi, Executive Vice President & General Counsel of Fender Musical Instruments Corporation, about humanity’s common language—music. Aarash takes us on a journey that includes the movement of music across cultures; current innovations in music, including the acoustasonic guitar; and the future of artificial intelligence (AI) as an influence on musical style.

Michael Glenn and Colin Fowler sit down with Molly Kocialski, the director of the Rocky Mountain region of the U.S. Patent and Trademark Office (USPTO), as she shares stories about innovation in the climate tech space and programs at the USPTO that incentivize further discovery. Molly explains the value of research and quantification when pursuing end solutions.

In this series, our Patent Prosecution & Portfolio Counseling take off their attorney hats to interview inventors and technology pioneers on exciting innovations and inventorship-related topics.

This Update is the second in a three-part series on legal issues surrounding generative technologies. This second installment discusses the initial lawsuits filed involving these technologies and how these issues may be addressed by the courts for the first time.

For the second year in a row, Michael Glenn and Colin Fowler visit the South By Southwest® Creative Industries Expo. Join us as we travel the floor to meet inspiring entrepreneurs and government agency representatives that are bringing about the future of innovation.

There have been two important developments in recent weeks regarding the U.S. Copyright Office’s position on registering works created by the use of artificial intelligence (AI) technology. First, on February 21st, the Copyright Office issued its much-anticipated decision regarding the registration of a graphic novel by artist Kristina Kashtanova that included images generated using the AI tool Midjourney. Then, on March 15th, the Copyright Office issued a policy statement providing its first guidance on the subject of copyright registration for works generated by AI.

In this episode, Michael Glenn and Colin Fowler discuss the genesis of South by Southwest (SXSW) with Hugh Forrest, the festival’s co-president and chief programming officer.

Surveys are often part of a trademark or trade dress case, whether relating to secondary meaning (association of a mark with a particular source) or likelihood of confusion.

This Update is the first in a three-part series on legal issues surrounding generative technologies. This first installment will discuss recent developments regarding the copyrightability of AI-generated works.

Michael Glenn and Colin Fowler talk with Gene Dolgoff, CEO at Holobeam Technologies Inc., about applications of holograms and wave interference to achieve the “teleportation” of energy.

This article provides an empirical review of the U.S. Court of Appeals for the Federal Circuit's decisions in patent cases during calendar year 2022.

Michael Glenn and guest host Andy Pettit visit the 2022 Austin Startup Week Crawl. Listen in as they meet and mingle with Austin’s foremost startup entrepreneurs.

A new year is just around the corner, but we cannot close out 2022 without looking back on the events that shaped the world of standard essential patent (SEP) and fair, reasonable, and non-discriminatory (FRAND) licensing.

Michael Glenn, Colin Fowler, and guest host Lara Dueppen speak with NaThanya Ferguson of the U.S. Patent and Trademark Office's (USPTO) Office of Innovation Outreach.

Perkins Coie’s survey of 150 industry stakeholders involved in XR and next-gen technology, which encompasses technological advancements such as Web3 and the metaverse, shows that immersive technology has reached a critical point.

The interview and profile tracks Patchen’s career, what stimulated her interest in trademark law, the challenges she has faced along the way, and how women can be further encouraged and empowered to seek IP-related careers.

Colin Fowler and guest host Al Araiza traverse the floor at TechCrunch Disrupt 2022 in search of creativity.

The fashion industry is responsible for around 10% of global greenhouse gas emissions, but consumers are increasingly prioritizing sustainability in their purchasing decisions.

Michael Glenn and Colin Fowler discuss the effect of innovation, particularly innovations in artificial intelligence (AI), on society with Rachel Dooley, Liz Grennan, and Ilona Logvinova of McKinsey & Company.

Michael Glenn and Colin Fowler talk with Erik Kulstad, cofounder of Attune Medical, about inventing and marketing new medical equipment. Attune Medical develops devices that give healthcare providers easy access to a patient’s core and allow precise temperature control, whether warming or cooling, through the esophagus when clinically indicated.

There was a global semiconductor shortage throughout the COVID-19 pandemic that severely disrupted supply chains across many industries, highlighting, more than ever, that semiconductors are an essential component to contemporary life. The Creating Helpful Incentives to Produce Semiconductors and Science Act, which President Biden signed into law on August 9, 2022, is a $280 billion funding package that specifically allocates $52.7 billion in emergency supplemental appropriations to develop domestic semiconductor manufacturing capabilities.

The metaverse is undoubtedly one of the hottest topics of 2022. So, while still early stage, it’s unsurprising that fashion brands have shown an interest in the metaverse’s potential. One reason fashion brands have taken an interest in the metaverse is, presumably, the creative freedoms it provides. But with that freedom comes an easier means for infringers to trade off of brands’ valuable intellectual property.

Michael Glenn and Colin Fowler discuss the future of enterprise computing, Web3, interoperable blockchain networks, and the end of siloed information with Steve Cerveny, founder and CEO of Kaleido. The conversation focuses on elements and tools of Web3 that go beyond the initial financial services use cases.

Colorado’s noncompete statute has long voided covenants not to compete unless certain exceptions are met. Starting on August 10, 2022, an amendment to that law will substantially narrow the list of permissible exceptions.

Michael Glenn and Colin Fowler discuss artificial intelligence (AI) innovations that examiners at the U.S. Patent and Trademark Office (USPTO) are increasingly using to evaluate the innovative applications before them. Leading the discussion is Jerry Ma, the Director of Emerging Technology at the USPTO.

IP attorney Julia Markley on Portland creativity and the two affinity Bars she helped found.

Michael Glenn and Colin Fowler speak with Craig and Ingrida Grossman of Gman BioTech about the development of antibacterial surface coatings and bacterial/viral tracing systems.

The Antitrust Division of the U.S. Department of Justice, the U.S. Patent and Trademark Office, and the National Institute of Standards and Technology announced the withdrawal of a 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments.

Michael Glenn and Colin Fowler visit the 2022 South by Southwest® Creative Industries Expo. After a two-year hiatus from live events, the festival is back. Join us as we meet a cross section of the exhibitors, explore their ideas, and share their enthusiasm and energy.

Mayor Muriel Bowser signed the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) (the Act) on January 11, 2021.

Michael Glenn and Colin Fowler chat with fellow Perkins Coie patent attorney Vikram Iyengar about the pathway from inventor-engineer to intellectual property attorney, interwoven with an immigrant origin and the cultural expectations of Generation X in India.

Michael Glenn and Colin Fowler, joined by guest host Sumedha Ahuja, speak with Monica Plath, the founder and CEO of Littlebird Connected Care.

In this episode, Michael Glenn and Colin Fowler talk with Ray Kampmeier, an electrical engineering consultant and product developer, about the challenges and rewards of designing and developing electronics products from proof-of-concept prototyping to mass-production and overseas manufacturing strategy.

In this episode, Michael Glenn and Colin Fowler talk with Torrey Smith and James Erd, creators of the Endiatx PillBot, a remote-operated multivitamin-sized diagnostic robot that, once ingested, navigates around within the patient’s GI tract to capture medical data.

This fifth annual article provides an empirical review of the U.S. Court of Appeals for the Federal Circuit's decisions in patent cases during calendar year 2021.

Change has propelled inter partes reviews (IPRs) since the process launched at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) in 2012. In the period since March 2020, when we first published this practice guide, the IPR process has continued to mature and evolve.

In this episode, Michael Glenn and Colin Fowler speak with Terance Robson to discuss the exacting standards, endless experimentation, creativity, invention, science, art, passion, and occasional serendipity that goes into blending the perfect cocktail.

The following update focuses on the finalized changes in the Code of Federal Regulations set to be implemented and available on December 18, 2021.

In 2018, the Patent Trial and Appeal Board aligned its claim construction standard in post-grant proceedings with the standard applied by the federal courts and the International Trade Commission. 

Perkins Coie and XR Association survey of over 160 professionals found that immersive technology’s prospects have been strengthened by the pandemic.

Michael and Colin talk with Art Simon, a retail product developer. Art shares his insights on developing and inventing consumer products.

In post-grant review proceedings before the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board, practitioners who omit any of the parties with an interest in the matter could face consequences as severe as dismissal of the proceeding.

In this episode, Michael Glenn and Colin Fowler speak with Estelle Giraud, CEO & Co-Founder of Navnetics, Inc., a bioinformatics startup.

Modern electronic products, like smartphones and tablets, contain thousands – sometimes hundreds of thousands – of different features.

In this episode, Michael Glenn and Colin Fowler speak with Tyler Peppel, a serial entrepreneur, about his perspective on invention and how it is only a first step in the creative process.

In this episode, Michael Glenn and Colin Fowler speak with, Bob Cousins, a recent recipient of the Silicon Valley Intellectual Property Law Association’s Inventor of the Year Award. Bob is an interdisciplinary inventor who applies history to problems in order to invent new solutions.

We're halfway into ICANN71, and early interactions are posing questions about ICANN Org's capability to carry out its mission to maintain an orderly domain name system (DNS).

Jason Howell and Amanda Beane team up with Miriam Farhi, co-chair of Perkins Coie’s Privacy & Security practice, to discuss common legal issues and pitfalls associated with loyalty and rewards programs, including in the areas of marketing, privacy, and litigation.

On May 26, Deputy Secretary of Defense Kathleen Hicks signed a memorandum calling for the incorporation of responsible AI principles into the U.S. Department of Defense’s AI requirements and acquisition processes. The memo establishes foundational tenets for DoD’s adoption of responsible and ethical AI, and directs the DoD’s Joint Artificial Intelligence Center (JAIC) to make recommendations on incorporating responsible AI principles into DoD’s AI procurements. The memo is expected to have broad impacts on companies seeking to sell AI products to the government, for which there is a growing federal market.

Michael Glenn and Colin Fowler speak with Lisa Wallace, co-founder of software company Assemble.

Because IPR proceedings provide a faster and cheaper alternative to district court litigation, the process has become a popular means for challenging issued patent claims. This summary breaks down the IPR process and identifies some basic strategic considerations for challengers and patent owners. Read the full IPR>>IRL

In this episode, Jason Howell and Amanda Beane discuss compliance tips and litigation risks for businesses. 

China’s punitive damages regime was first introduced under Article 63 of the 2013 Trademark Law (TM Law) of the People’s Republic of China (PRC), which provides guidance to the People’s Courts on the assessment of damages in cases involving trademark infringement.

Patents are important assets that are necessary to protect technological innovations and to prevent others from making or selling patent-protected products.

In this episode, Michael Glenn and Colin Fowler talk to Sam Thapaliya, a Nepalese immigrant inventor and startup founder.

When the patent owner files a patent owner’s preliminary response (POPR) to an inter partes review petition, the petitioner can request leave to reply before the Board issues its institution decision. Such requests must include “a showing of good cause.”

Michael Glenn and Colin Fowler talk with Joseph Emmanuel of Netgear about the difficulties of inventing within the constraints of restrictive protocols, such as those associated with WiFi, and making use of highly limited input streams to develop rich functionality.

The events of Jan. 6 at the Capitol were unprecedented on a number of counts. The images of a disorganized mob flooding into the U.S. House of Representatives and U.S. Senate chambers are seared into the national memory, perhaps forever. 

As reported by the Patent Trial and Appeal Board (PTAB), the motion to amend pilot program (see 84 Fed. Reg. 9497), which took effect in March 2019, has increased patent owners’ success in obtaining claim amendments during post-grant proceedings, including inter partes reviews (IPRs).

Apple has a bone to pick with the Trump Justice Department's approach to patent licensing and is urging the Fifth Circuit to fix the "misguided view" that antitrust law should be kept out of patent cases.

Jason Howell and Amanda Beane and guest Lindsey Buckner from 7-Eleven discuss common challenges for in-house legal, including how to seamlessly integrate with in-house marketing teams and how to create work-life boundaries while working from home during the pandemic.

Streaming is a widespread form of entertainment for millions of Americans and its popularity has soared during the pandemic. However, according to a study by the U.S. Chamber of Commerce and the Global Innovation Policy Center from June of 2019, “global online piracy costs the U.S. economy at least $29.2 billion in lost revenue each year.”

Colin Fowler and Michael Glenn speak with Aaron Davis and Scott Stegman of MARS, who have invented a fundamentally new style of rocket engine using an air-breathing toroidal combustion chamber that has no moving parts.

The Copyright Alternative in Small Claims Enforcement Act (CASE Act) was signed into law on December 27, 2020, as part of the Omnibus COVID-19 Relief Bill. The CASE Act establishes a completely new forum for resolution of small copyright disputes, the Copyright Claims Board (CCB), in which parties may voluntarily resolve copyright disputes in front of a three-judge panel of officers appointed by the librarian of Congress.

This fourth annual article provides an empirical review of the U.S. Court of Appeals for the Federal Circuit's decisions in patent cases during calendar year 2020.

The Trademark Modernization Act of 2020 (TMA) was signed into law on December 27, 2020, making several changes to the Lanham Act that have important effects on trademark owners’ brand protection programs.

The holidays came a bit late this year for stakeholders in the uncrewed aircraft industry when, on December 28, 2020, the Federal Aviation Administration (FAA) released its long-awaited rules on Remote ID, operations over people and moving vehicles, and night operations.

Motions to amend have been part of America Invents Act trials since their inception. The U.S. Patent and Trademark Office solicited public input on the motion to amend process, which was followed by a study by the Patent Trial and Appeal Board. The study led to changes implemented in a Pilot Program that began in March 2019.

In this episode, Colin Fowler and Michael Glenn sit down with Gilly Roswell, an entrepreneur and music supervisor who produces film scores.

Nathan Kelley and Tara Kurtis provide a brief overview of cases that made their way to the Supreme Court this year.

Patchen Haggerty and Colleen Ganin describe how COVID-19 has created the perfect storm for counterfeiters.

The cannabis industry’s rapid growth presents companies with the need to protect their brands from trademark infringement, and to avoid infringing on the trademarks of others.

Colin Fowler and Michael Glenn talk with Danny Hillis, an early pioneer in parallel computing, knowledge graph-based search engines, and cancer diagnosis, among many other achievements.

Colin Fowler and Michael Glenn sit down with Dr. Odelia Braun, founder of Emergency University, to discuss innovations that improved EMS response time and modern pandemic tracing. 

Did the SAS Institute Inc. v. Iancu ruling change the PTAB's approach to institution of IPRs? Our original research examines the aftereffect of the Court's decision.

ICANN's founding promise and mandate are optimistic—ensure a stable and secure internet that benefits the internet community as a whole. Recent months, however, have highlighted the uncomfortable truth that ICANN's and the industry's approach to DNS abuse is actually moving backward, ignoring growing problems, abdicating on important policy issues, and making excuses for not acting.

Our follow-up prior art article considers the PTAB’s precedential opinion in Hulu and its implications for practitioners.

Colin Fowler and Michael Glenn interview Dr. Stephen Thaler, a pioneer in the field of AI. Thaler has invented “DABUS,” an AI that he credits with inventorship on two patent applications filed in each of the U.S. and European patent offices. Thaler discusses the joys and difficulties of living with a creative AI.

Proving up prior art when working with publications has been complicated and unpredictable. In this two-part series, we look at varying opinions from Patent Trial and Appeal Board panels and issues triggered by Hulu, LLC v. Sound View Innovations, LLC. 

In this series, our Patent Prosecution & Portfolio Counseling take off their attorney hats to interview inventors and technology pioneers on exciting innovations and inventorship-related topics.

When multiple inter partes review petitions are filed against the same patent, what result can you expect? We analyze recent developments on serial and parallel IPR petitions and offer practical tips.

Jordan Becker, Colin Fowler, and Michael Glenn discuss whether patent rights should be obtainable for inventions “invented” by artificial intelligence.

In Stanley Kubrick’s 1968 film, 2001: A Space Odyssey, a manned exploratory mission to Jupiter is sabotaged by an artificial intelligence (AI) named HAL, which became famous for its line, “I’m sorry, Dave, I’m afraid I can’t do that.”

The U.S. Supreme Court held this week that willfulness is not a prerequisite for an award of profits for violation of Lanham Act § 43(a), 15 U.S.C. § 1125(a), resolving a longstanding circuit split.

Perkins Coie, XR Association, and boost VC surveyed nearly 200 professionals representing startups, enterprise technology firms, and investors for their insights on the trajectory of the immersive technology industry.

With travel restrictions in place, most of the country subject to stay-at-home orders, courthouses closed and some cases stayed or delayed, in-house intellectual property lawyers may find their existing projects relating to ongoing litigation and licensing stalled.

As widely reported, and not surprising, the internet is swimming in COVID-19 online scams. Criminals, accustomed to rapidly grabbing online territory during times of crisis and profiting from public fear, are working overtime in the face of the coronavirus.

The U.S. Patent and Trademark Office released Revised Patent Subject Matter Eligibility Guidance (PEG) in January 2019, then released an update (PEG Update)in October 2019 to clarify certain issues in the PEG.

This article provides an empirical review of the U.S. Court of Appeals for the Federal Circuit’s decisions in patent cases during calendar year 2019.

A recent International Trade Commission administrative law judge ruling offers important lessons to anyone involved in the battles over U.S. intellectual property rights, Perkins Coie IP attorneys say. The ALJ sanctioned the complainant’s attorneys twice—for producing 160,000 pages of documents late, and for dropping four claims the day before an evidentiary hearing. And they almost got sanctioned a third time.

In recent years, with the increase in patent applications filed in China, the China National Intellectual Property Administration (CNIPA) has focused on expediting patent examinations to decrease the duration of the normal patent prosecution process.

There's a well-documented crisis facing the domain name system: very few who rely on domain name registration data from the Whois database to perform vital functions can do so any longer, which is escalating consumer harm and abuse on the internet worldwide. And the problems, thanks to ICANN's overly restrictive policy post-GDPR and a failing policy process, are piling up. 

A competitor has engaged in high-profile false advertising, and your CEO wants to use an enforcement hammer with more weight than a cease-and-desist letter. 

In April 2018, the U.S. Supreme Court held in SAS Institute Inc. v. Iancu that the Patent Trial and Appeal Board must institute inter partes review either on all claims raised in a petition or none of them.

Perkins Coie attorneys explore tactical considerations when challenging issued patent claims in IPRs in the final half of a two-part series.

Judge Lucy Koh of the U.S. District Court for the Northern District of California ruled for the FTC last week in its antitrust enforcement action against Qualcomm. 

Perkins Coie attorneys address the basics of the process when challenging issued patent claims in this two-part series.

Perkins Coie surveyed 200 startup founders, technology company executives, investors and consultants on key challenges and opportunities in the immersive technology space.

The Standing Committee of the National People’s Congress announced amendments to the Trademark Law of the People’s Republic of China on April 23, 2019.

The U.S. Supreme Court’s decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. __ (2019), issued March 4, 2019, resolves a longstanding circuit split regarding whether the Copyright Act of 1976 allows a copyright owner to file an infringement suit as soon as a copyright application has been filed or instead requires the owner to wait to initiate suit until the U.S. Copyright Office has acted on the application. 

The press has widely reported on Paul Manafort’s attorneys’ failed attempt to redact sensitive information in a recent legal filing, allowing the press to uncover and publish the very information the attorneys intended to redact.

Calculating damages for patent infringement can be a complicated process for courts to determine, as the determination of damages often reflects many factors, including the value of the patented and infringed technology, as well as the contributions of unpatented or conventional technologies.

Should you file a patent application or keep your innovation a trade secret? This question is routinely asked by key decision makers, such as inventors, managers, and legal counsel, when evaluating a new invention. While either choice comes with its own set of advantages and trade-offs, an often ignored third option also exists: publishing a technical disclosure of your innovation on a publicly searchable database.

As the Augmented Reality/Virtual Reality (AR/VR) industry matures and becomes more standardized, developers of all sizes are becoming more concerned about legal issues regarding intellectual property. In particular, as those in the AR/VR industry bring products (both software and hardware) to market, they are increasingly worried about potential patent infringement suits brought by non-practicing entities (NPEs). Read the full White Paper.

"United States," (with J. Haley) a chapter on U.S. patent litigation, issues and strategies, with an emphasis on federal courts and the ITC.

For many years, anyone who received (or whose client received) a subpoena in a U.S. International Trade Commission investigation experienced a frustrating procedure. The subpoena recipient had only 10 days to move to quash the subpoena (or seek an extension of that deadline), or risk the harsh punishment of a waiver of all objections to the subpoena.

The first year of the Trump administration saw the DOJ continue the Obama administration’s focus on protecting U.S. intellectual property interests by investigating and prosecuting trade secret cases, especially those involving foreign interference and national security concerns.

Perkins Coie surveyed 140 startup founders, technology company executives, investors and consultants on key challenges and opportunities in the AR/VR space.

Gene Lee, Joseph Reid and Caroline A. Teichner authored the article “Intellectual Property Trouble on the ‘High Seas’” published in the New York Law Journal. The article discussed the arguments before the U.S. Supreme Court in 'WesternGeco v. ION Geophysical', a case regarding the extraterritorial reach of U.S. patent law and whether a patentee can recover lost profits when a system, found to infringe domestically under §271(f) of the Patent Act, is used outside the United States.

A new series of Federal Circuit decisions indicates concern that the pendulum has swung too far, and discourages early patent-eligibility challenges.

President Donald Trump’s recent decision to impose a wide range of restrictive new measures against China, in response to China’s practices involving U.S. intellectual property and technology, creates new risks, barriers—and in certain cases, opportunities—for U.S. industries that depend on China as an important market, production center and trading partner.

Design patents have long been an underutilized form of IP protection, assumed to be useless and overshadowed by utility patents. In the food and beverage industry, design patents can be a vital element of intellectual property protection.

The compliance deadline for the European Union's General Data Protection Regulation (GDPR) is nearly upon us, the unveiling of a proposed model to bring WHOIS into compliance is said to come from ICANN next week, and everyone is scrambling to understand all that's involved.

The European Commission recently released technical input on ICANN's proposed GDPR-compliant WHOIS models that underscores the GDPR's "Accuracy" principle — making clear that reasonable steps should be taken to ensure the accuracy of any personal data obtained for WHOIS databases and that ICANN should be sure to incorporate this requirement in whatever model it adopts. Contracted parties concerned with GDPR compliance should take note.

Last week, three U.S. Department of Transportation agencies issued requests for comment on ways to update federal regulations and policies to allow for the safe testing and deployment of autonomous vehicles.

After each fiscal year end, the Federal Circuit publishes statistics summarizing where its cases came from, the court’s throughput over the year, and its median times to disposition in cases from different sources.

Since the U.S. Court of Appeals for the Federal Circuit issued its opinion in Arendi S.A.R.L. v. Apple Inc. last August, many patent commentators have asserted that the decision marked a significant change in the analysis of obviousness under 35 U.S.C. § 103, especially as a weakening of single-reference obviousness grounds.

On December 14, the Federal Circuit issued a decision that further clarifies the ground rules for disclosures of product information by manufacturers of biosimilar pharmaceutical products. In particular, the Federal Circuit ruled in Amgen Inc. v. Sandoz Inc. that the original sponsors of biologics products cannot invoke state laws to compel applicants that are seeking to market biosimilar products to disclose information about those products under the Biologics Price Competition and Innovation Act (BPCIA).

The U.S. Court of Appeals for the Federal Circuit hears your appeal of an inter partes review but does not affirm the decision.

James Coughlan and Kevin Patariu look at some of the benefits and disadvantages of running concurrent challenges with the PTAB and the ITC.

Last November, the U.S. Copyright Office issued its Final Rule regarding designating copyright agents under the Digital Millennium Copyright Act (DMCA) and announced a new electronic system for filing such designations.

An In-Depth Look at Factors Affecting Your IPR Strategy
Fifth anniversaries are milestone occasions. Following our prior reports marking the passage of three and four years of inter partes review practice, we proudly offer this year’s report, Inter Partes Review Proceedings: A Fifth Anniversary Report.

The Trump administration took its first major step to facilitate the deployment of automated vehicles with the Department of Transportation’s release of “Automated Driving Systems 2.0: A Vision for Safety,” an update to the 2016 Federal Automated Vehicle Policy.

The House Subcommittee on Digital Commerce and Consumer Protection reached bipartisan agreement on July 19, 2017, regarding major aspects of legislation to address the testing and deployment of autonomous vehicles.

In a much anticipated decision, the U.S. Supreme Court held in Matal v. Tam, 582 U.S. ___ (June 19, 2017) that a provision of the Lanham Act banning the registration of marks considered disparaging to “persons, institutions, beliefs, or national symbols” (known as the “disparagement clause”) constituted a violation of the Free Speech Clause of the First Amendment.

In Impression Products, Inc. v. Lexmark International, No. 15–1189, 137 S. Ct. ___, 2017 WL 2322830 (May 30, 2017), the U.S. Supreme Court held that a patentee’s sale of a product exhausts all of its U.S. patent rights in that item, regardless of any contractual restrictions the patentee may have imposed on subsequent use or sale of the product and regardless of whether the sale occurs within the U.S. or abroad.

Although 3-D printing has been around since the 1980s, its tremendous growth in commercial and private applications in recent years may leave some companies exposed to new liability, including intellectual property claims and product liability claims, among others.

3-D printing has enabled a variety of new manufacturing processes that will blur fundamental distinctions in the law of product liability, potentially exposing companies to liability they did not anticipate.

The FTC recently issued more than 90 letters to marketers and their social media influencers warning that influencers must clearly and conspicuously disclose material connections in social media posts that promote the marketer, unless the connection is already clear from the context of the posts.

Advances in additive manufacturing, commonly known as “3-D printing,” now make it easier and less expensive for companies to manufacture products of various types.

Advances in additive manufacturing, or 3-D printing, make it easier and less expensive to manufacture products, but also create the possibility of their being misused to infringe intellectual property (IP) rights. Existing IP protection and enforcement mechanisms, however, if used in a strategic and timely manner, can still be effective in deterring infringements related to 3-D printing.

In 1995, the U.S. Department of Justice and the Federal Trade Commission published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing and other activities under the antitrust laws.

A successful petition for inter partes review (IPR) reflects a variety of considerations, including claim construction, selection of prior art and whether to use an expert declaration.

The Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014.

For many companies, protecting intellectual property is a significant concern made more difficult in recent years by the persistent efforts of foreign agents to steal valuable trade secrets. Analysis of public sources indicates that under the Obama administration, the U.S. government has made substantial efforts to combat this theft through an increase by the U.S. Department of Justice (DOJ) in the number of criminal trade secret prosecutions.

This update was republished in Law360 on 01.06.2017, "Criminal Trade Secret Prosecutions Under President Trump."

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims and lawsuits. 

As set forth in part 1 of this article, the question of how a real party in interest (RPI) to an inter partes review (IPR) is determined has presented challenges and uncertainties for litigants.

Following several other circuits as well as patent law precedent, in SunEarth, Inc. v. Sun Earth Solar Power Co., the U.S. Court of Appeals for the Ninth Circuit recently made it easier for Lanham Act litigants to recover attorneys’ fees.

Since the adoption of the America Invents Act and the institution of the inter partes review (IPR) proceeding, the question of how a real party in interest to an IPR is defined has presented challenges for petitioners and opportunities for patent owners.

Perkins Coie is marking the fourth anniversary of inter partes review (IPR) with a report focused on the changes and progress of IPR proceedings, particularly since September 2015. As IPR proceedings have become more familiar during the past four years, growing clarity on many issues has resulted from decisions by the U.S. Court of Appeals for the Federal Circuit and U.S. Supreme Court. Click here to read the full report.

The Federal Trade Commission recently sued 1-800 Contacts, Inc., the largest contact lens retailer in the United States, charging it with restraining competition in violation of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45.

Patent settlement agreements were traditionally deemed outside the purview of antitrust scrutiny unless the patent holder’s conduct fell outside the legitimate scope of the patent’s exclusionary power.

Since the Federal Aviation Administration issued its proposed rules for small Unmanned Aircraft Systems (UAS) in February of 2015, the industry has been eagerly waiting to learn what the final rules will be.  On Tuesday, June 21, 2016, that wait ended as the FAA announced its final rules for small UAS.  Here is the FAA's summary of the final rules and here is the complete text of the rules.

Several new unrestricted generic Top Level Domains (gTLDs), such as .store and .stream, are now available, with several others set to launch soon.

The new Defend Trade Secrets Act (DTSA), signed into law by President Obama on May 11, 2016, creates a new private civil cause of action in federal court for trade secret misappropriation.

Perkins Coie and Upload surveyed more than 650 startup founders, executives with established technology companies and investors on the future of augmented and virtual reality.

The United States House of Representatives passed the Defend Trade Secrets Act, S. 1890 on April 27, 2016, in identical form to that previously passed by the Senate on April 4, 2016.

Regulatory uncertainty over issues such as safety can sometimes lead to patentable innovation – drones are a case in point.

Partner Amanda Tessar and associate Elizabeth Banzhoff discuss the 10 cases interpreting Alice that stood out from the pack this year

With the holidays approaching, retailers and their advertising partners are preparing for the busiest time of the year.  Sales advertising is a staple of holiday marketing campaigns, which often include “former price” comparisons, in which retailers emphasize new, lower prices reduced from pre-holiday “regular” prices.

When inter partes review (IPR) proceedings became effective in September 2012, few people would have predicted the transformative effect it would have on patents and the litigation landscape. Three years in, IPR has become the preferred procedure for challenging the validity of a patent. Read the full report.

While the America Invents Act’s introduction of inter partes review proceedings was intended to strengthen the quality of issued patents, no one could have predicted how quickly IPRs would become a mainstay defensive tactic in U.S. patent litigation.

Protecting intellectual property (IP) is a core consideration for most businesses, and protection takes many forms, including trademark protection for brands and copyright protection for assets ranging from entertainment (songs, books, and movies) to software code. Savvy businesses invest in trademark and copyright registrations, yet some business enterprises overlook a key aspect of IP protection: Customs.

Colorado's governor last month signed into law an “anti-troll” statute that makes illegal certain patent activities considered by many to be damaging to small businesses.

The Federal Circuit’s Markman decision removed juries from the claim interpretation process, thereby revolutionizing patent law. Designed to provide greater certainty and predictability, Markman nevertheless produced unintended consequences, increasing ambiguity and complexity.

In 2014, the question of whether business method and software patents constitute patentable subject matter climaxed with the Supreme Court’s 2014 decision in Alice v. CLS Bank. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014). Consistent with its prior ruling in Bilski, the Court affirmed that the asserted patent claims were unpatentable.

Bing Ai, Kevin Patariu, and John Schnurer published an article in the June/July 2015 issue of Today’s General Counsel on the strategic use of inter partes review (IPR) proceedings against patents asserted at the U.S. International Trade Commission (ITC). 

Some suggestions for acquiring, protecting and enforcing your intellectual property rights.  View the checklist.

The U.S. Patent Office’s Patent Trial and Appeals Board (PTAB) has recently changed the way it interprets a crucial requirement for initial petitions for Inter Partes and Covered Business Method Reviews.

The Supreme Court addressed the preclusive effect of decisions of the USPTO’s administrative court, the Trademark Trial and Appeal Board (TTAB), on district court trademark infringement proceedings in B&B Hardware, Inc. v. Hargis Indus., Inc. In its ruling this week, the Court held that a district court should give preclusive effect to a TTAB decision if the ordinary elements of issue preclusion are met.

Qualcomm sells chipsets and licenses its related standard-essential patents for use in 3G- and 4G-enabled smartphones and tablets.  In late 2013, China’s National Development and Reform Commission (NDRC) began investigating Qualcomm’s patent licensing practices under China’s Anti-Monopoly Law (AML).

Parties challenging patents under the post-issuance review proceedings authorized by the America Invents Act have long worried about estoppel in later district court cases if they lose before the Patent Trial and Appeal Board (PTAB).

Companies file patent applications with the United States Patent and Trademark Office (USPTO) to protect promising innovations.  Often, however, improvements, additional uses and refinements surface after filing a patent application.  How can a company capture these new, yet related, features?

Your product teams surely have already finalized their lineup of holiday winners, the new gizmos and must-have widgets that you hope end up on everyone’s wish lists.

Previously, a logo registered in black and white was considered sufficient to protect versions of the logo in any color, but this is not necessarily true for European Union (EU) Community Trade Marks (CTM). Under the new rule, logo trademarks filed in black and white or greyscale might not protect the same mark in color.

For patents granted on applications filed on or after June 8, 1995, the enforceable patent term begins on the day the patent issues and generally expires 20 years from the earliest effective filing date of the application.

Earlier today, the Supreme Court decided Alice Corporation v. CLS Bank International and unanimously held that Alice’s patent claims were not patent eligible under 35 U.S.C. § 101 because they merely called for generic computerization of the abstract idea.

On June 2, 2014, in Limelight Networks, Inc., v. Akamai Technologies, Inc. the U.S. Supreme Court unanimously reversed the en banc Federal Circuit and held that a defendant cannot be liable for inducing patent infringement under 35 U.S.C. § 271(b) unless another entity has directly infringed under 35 U.S.C. § 271(a).

The Federal Trade Commission (FTC) recently investigated whether Cole Haan’s “Wandering Sole” social media contest violated Section 5 of the FTC Act, which prohibits deceptive practices.

On March 17, 2014, China’s State Intellectual Property Office announced an amendment to its current Guidelines for Patent Examination for design patent protection for graphic user interfaces (GUIs).  The amendment includes regulations for both patent prosecution and invalidation and will take effect on May 1, 2014.

Think the First Amendment protects your business from liability for running an ad congratulating a celebrity or other public figure?  Better think again.

Since 1998, when the Federal Circuit issued its en banc opinion in Cybor Corp. v. FAS Technologies, Inc., claim construction issues have been subject to de novo review on appeal. Under this standard of review, no formal deference is given to findings of the district court. Litigants dissatisfied with the district court’s claim construction have thus enjoyed, at least in theory, an entirely new opportunity to make their case on appeal.

In patent cases, as one respected district court judge noted, “experts and lawyers end up playing the starring roles.”  Illumina, Inc. v. Affymetrix, Inc., No. 09-C-277-bbc, 2009 WL 3062786, at *2 (W.D. Wis. Sept. 21, 2009). Furthermore, “granting the status of expert cloaks [that witness] with some indicia of authority before the jury.”  Read the full article. 

Are you contemplating dressing up your trademarks for the holidays? Adding a jaunty Santa hat and garlands to your company name on your website and shopping bags? Animating your logo to spin like a dreidel or fly like Rudolph? Maybe adorning your word marks with candy cane stripes? Using your trademarks to embrace the holiday spirit can freshen your brand image, infuse it with energy and differentiate it from your competitors.

In the most significant patent antitrust decision in decades, Federal Trade Commission v. Actavis, Inc., No. 12-416, 2013 WL 2922122 (June 17, 2013), the Supreme Court has held, by a 5-3 vote with Justice Alito recused, that reverse payment patent settlements are subject to antitrust scrutiny.  Although the Court rejected the Federal Trade Commission’s request that it go further and deem such settlements presumptively anticompetitive, the Court’s decision resolves a circuit split under which most courts had held that a settlement was not subject to antitrust review so long as it fell within the legitimate scope of the patent’s exclusionary power.  Monday’s decision expressly rejects that “scope of the patent” rule.

Yesterday, the Supreme Court issued its highly anticipated decision in Association for Molecular Pathology v. Myriad Genetics, Inc.  The Court unanimously held that isolated genomic DNA is a product of nature and therefore is not patent-eligible under 35 U.S.C. §101.  The Court also held that complementary DNA (cDNA) molecules excluding “intron” portions of the natural DNA sequence are patent eligible.

In its first “final” decision under the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO)’s Patent Trial and Appeal Board (PTAB) has invalidated and cancelled all five challenged claims of U.S. Patent No. 6,553,350, finding that the claims recited unpatentably abstract ideas and did not recite a “useful” invention as required by 35 U.S.C. § 101. A jury in a Texas federal district court had previously found that the petitioner, SAP America, Inc., infringed three of the claims at issue in the petition, awarding patent owner Versata Software, Inc. $345 million in damages. A Federal Circuit panel affirmed that award last month, although SAP has petitioned for rehearing (on grounds relating to infringement and damages rather than validity).

The U.S. Patent and Trademark Office (USPTO) has launched an updated version of its After Final Consideration Pilot Program (AFCP 2.0).  This program is designed to be more efficient and effective than the original AFCP program and is part of the USPTO’s efforts to reduce prosecution time and increase collaboration between applicants and examiners.

With two deft strokes, Vermont simultaneously increased the tools in its enforcement toolbox and dealt a significant blow to a well-known patent assertion entity (PAE).  First, Vermont filed suit against MPHJ Technology Investments, LLC, a PAE, alleging that the company violated the Vermont Consumer Protection Act, 9 V.S.A. §§ 2451 et seq.

On March 26, 2013, the U.S. Department of Justice (DOJ) issued a rare negative business review letter declining to approve a plan by Intellectual Property Exchange International Inc. (IPXI) to offer a financial exchange for licensing and trading intellectual property rights.

On May 10, 2013, the U.S. Court of Appeals for the Federal Circuit released its much-awaited en banc decision in CLS Bank International v. Alice Corp.  A majority of the court affirmed a district court's holding that Alice's claims are not directed to patent-eligible subject matter under 35 USC § 101.

Two new criminal laws underscore the value of trade secrets as a critical asset to a corporation.  These new laws, the Trade Secrets Clarification Act (TSCA) and the Foreign and Economic Espionage Penalty Enhancement Act (FEEPEA), have increased the criminal penalties for stealing trade secrets, including fines in excess of $10 million.

On March 27, 2013, the U.S. Supreme Court issued its decision in Comcast Corp. v. Behrend, 569 U.S. ___, No. 11-864, 2013 WL 1222646 (Mar. 27, 2013).

The Internet Corporation for Assigned Names and Numbers (ICANN), which is charged with enabling and securing the Internet, has been hard at work on a significant expansion project.

A recent $8.1 million verdict in a trademark and trade dress infringement action is an emphatic reminder that businesses of all sizes should protect their trade dress as well as their trademarks. 

As more countries join the Madrid Protocol System for the International Registration of Marks (Madrid System), trademark owners should be sure to take full advantage of this trademark registration option.  There are now 89 members of the Madrid System.  Significantly lower application and maintenance costs, as well as streamlined portfolio management options, are just a few of the reasons why the Madrid System is advantageous for trademark owners.

This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. 

On March 16, 2013, the America Invents Act (AIA) changes U.S. patent law from a first-to-invent system to a first-inventor-to-file system, which moves U.S. patent law into closer harmony with most industrialized nations throughout the world. Among other practical consequences, this change will (1) expand the scope of what constitutes prior art and (2) phase out interference proceedings used to resolve disputes regarding who first invented a technology.

On November 20, 2012, the U.S. Court of Appeals for the Federal Circuit issued a decision in Ritz Camera & Image, LLC v. SanDisk Corp., No. 2012-1183, 2012 WL 5862779 (Fed. Cir. Nov. 20, 2012). They affirmed that direct purchasers of patented products have standing to pursue a Walker Process antitrust claim against the patent holder, even where the direct purchaser cannot be sued for patent infringement and otherwise lacks the ability to bring an action for declaratory judgment.

The Federal Trade Commission (“FTC”) recently announced and asked for comments on proposed changes to the premerger notification rules under the Hart-Scott-Rodino Act (“HSR Act”).  The proposed rules would require pharmaceutical companies to report to the FTC and the Department of Justice ("DOJ") acquisitions of exclusive patent licenses in which the licensor retains the right to manufacture patented products for the licensee.

The America Invents Act (AIA) changed the landscape in the United States for those seeking to challenge the validity of an issued patent outside of litigation.  On September 16, 2012 Inter Partes review (IPR) will replace the current Inter Partes reexamination (IPX) procedures.

Final Rules relating to these and other AIA procedures will be issued by the USPTO by August 16, 2012 and thus although planning should start now, flexibility will be important during the transition.

A comparison of each procedure and a detailed comparison of the impending changes is included in this update.

Click Here for Inter Partes Comparison

Patent applicants who are dissatisfied with a rejection by the Board of Patent Appeals and Interferences have two options for review. They can appeal directly to the Federal Circuit, which will review the Board’s decision on the record before the U.S. Patent and Trademark Office. Alternatively, 35 U.S.C. § 145 provides that an applicant may “have remedy by civil action against the Director” of the Patent Office in the United States District Court for the District of Columbia. The primary issue in Kappos v. Hyatt was what limitations, if any, exist on an applicant’s right to submit new evidence that was not before the Patent Office in such a district court action.

In Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, the Supreme Court has unanimously held that generic drug manufacturers may invoke the counterclaim provision of the Hatch-Waxman Act.

The U.S. Supreme Court unanimously held that claims on methods of determining whether drug dosing levels should be increased or decreased based on levels of a metabolite in a patient’s bloodstream were not patent eligible.

The U.S. Patent and Trademark Office issued proposed rules for the implementation of portions of the America Invents Act relating to the post-grant review and inter partes review of patents and to the conduct of trials before the Patent Trial and Appeal Board regarding such review. Comments on the proposed trial rules are due April 9, 2012, and comments on the proposed rules for post-grant review and inter partes review are due April 10, 2012. If finalized, the proposed rules for post-grant review and inter partes review will take effect on September 16, 2012. The Patent Office also issued proposed rules specifically for the review of business method patents.

NBC, FOX Broadcasting and other defendants reached a multi-million dollar settlement with plaintiffs in multiple California class action lawsuits alleging that American Idol and Deal or No Deal SMS sweepstakes were illegal lotteries.

International software piracy is a serious economic problem that distorts competition and costs the United States billions of dollars in lost jobs and wages.

Music and holiday shopping go hand-in-hand.  Chances are, your final plans for holiday-themed décor, events and websites will all involve music.  This wrapping paper is designed to help your creative team design and implement a music protocol that protects intellectual property ("IP") rights without breaking your holiday budget.

On September 28, the Federal Judicial Center and the National Academies jointly released the third edition of the Reference Manual on Scientific Evidence (the "Manual"), containing tools for use by judges to manage cases involving complex scientific and technical evidence as part of their responsibilities under Daubert.

Today, after years of contentious debate over what should constitute “patent reform,” President Obama signed into law the America Invents Act, regarded by some to be the most significant change to the U.S. patent system since the Patent Act of 1952.

This evening, the U.S. Senate passed the Leahy-Smith America Invents Act, H.R. 1249 (the "Act"). The Act includes the provisions impacting fees, Patent and Trademark Office ("PTO") proceedings and litigation proceedings that will take effect upon or shortly following enactment.

There have been many recent changes in the world of domain names.  This is the fourth in a series of updates on these issues.  It is intended to keep you informed about issues that are important to brand owners and any others with a significant web presence.

All of the tools and tricks you will use this holiday season to catch consumers' eyes and capture their dollars will likely involve intellectual property (IP) rights. New products (patents? copyrights?) with catchy names (trademarks?) and bright packaging (trade dress?) supported by huge advertising campaigns (more copyrights?) are distributed through new channels to attract new customers (trade secrets?). You've registered your trademarks and copyrights and thought about whether you have any patentable inventions. But your IP rights are implicated in many other areas of your business, especially during the holiday season.

In a matter of months, the amount of "Internet real estate"—which has been static for the past several years—will expand dramatically. Companies, organizations, cities and others will be able to apply to ICANN to launch new domain spaces using brand names (for example, .nike), generic terms (such as .shoes) and locations (such as .nyc).

The U.S. Supreme Court in Board of Trustees of Leland Stanford Junior University v. Roche Molecular Systems, Inc., ruled that the Bayh-Dole Act does not automatically vest title to inventions resulting from research funded by the federal government in federal contractors such as universities.

On June 9, the U.S. Supreme Court issued its decision in Microsoft Corp. v. i4i Limited Partnership, unanimously affirming that “clear and convincing” evidence is required to invalidate a patent in litigation.

On May 31, the U.S. Supreme Court clarified the level of knowledge required to establish inducement of patent infringement under 35 U.S.C. § 271(b), which provides that “[w]hoever actively induces infringement of a patent shall be liable as an infringer.”

The DotAsia Organization will begin accepting Internationalized Domain Name (IDN) registrations of Chinese (Traditional and Simplified), Japanese and Korean domain names on May 11, 2011.

On April 20, the Federal Circuit issued its long-awaited en banc decision in TiVo Inc. v. EchoStar Corp.,[1] vacating one ground for a contempt citation but affirming the other and upholding a $90 million sanction.  Along the way, the court significantly revised its approach to contempt proceedings in ways that may both help and hurt patentees in future cases.

The Chinese government is in the midst of a six-month Intellectual Property Rights Campaign (“IPR Campaign”) that could provide some much needed help to businesses struggling with intellectual property (“IP”) infringement in China.  The IPR Campaign aims to reduce IP violations related to all types of IP, including copyrights, trademarks and patents.

Many companies might be surprised to learn that the difficult to control acts of their foreign agents, intermediaries, consultants, joint venture partners, suppliers, distributors and even outside counsel, private equity portfolio companies and franchisees can result in—and, in fact, have resulted in—potentially devastating civil and criminal Foreign Corrupt Practices Act (FCPA) liability to the principal or parent company . . . even absent any evidence of the company’s actual knowledge of this misconduct. And all indications are that the government will ramp up its reliance on such third-party liability as we move into 2011 and beyond. This update examines the growing threat of third-party liability and how clients can, through precautionary steps tailored to the particular circumstances of the company, effectively fend off the potentially catastrophic effects of third-party liability.

Consumers crave environmentally friendly products and services, so naturally advertisers weave "green" messages into advertising, using "eco-friendly" words, images, brand names, logos and certifications. But making false or misleading green claims can trigger legal challenges that result in a wide range of penalties and negative publicity.

When consumers type your brand names into an Internet search engine this holiday season, do you expect that your website or the stores that sell your product would be at the top of the results list?  They might.  But the first link could direct those consumers to your fiercest competitor's site.

YouTube received a resounding win in a recent decision in the long-running Viacom v. YouTube case.

By a 5-4 vote, the United States Supreme Court has rejected the notion that business methods are categorically unpatentable. By a unanimous vote, however, the Court has affirmed the PTO and Federal Circuit’s rulings rejecting Bilski’s patent claims on methods of hedging commodity risks. The Court also unanimously agreed that while the "machine or transformation" test adopted by the Federal Circuit is a useful indicator of patentability, it is not the sole test for patentability under Section 101 of the Patent Act. Although many had feared--and some had hoped--that all software patents were in jeopardy, the Court’s relatively narrow decision should allay those fears and dash those hopes.

The Federal Circuit held in Pequignot v. Solo Cup Co., No. 2009-1547 (June 10, 2010), that the false marking statute, 35 U.S.C. § 292, applies to products marked with expired patents, although the presumption of intent to deceive the public is weaker in such cases than in cases involving marking with patents that never covered the product.

Recent events suggest the importance of understanding the basics of patent marking. You are not required to mark your patented products with the corresponding patent numbers.  However, there are a number of reasons why you should consider doing so.

Environmentally friendly advertising claims effectively grab the attention of consumers hungry for "green" products and services. But as you prepare your holiday advertising, there are several things to keep in mind if you are making "green" claims.

On October 1, 2009, the Federal Circuit issued an opinion in Stanford v. Roche, Case Nos. 2008-1509, 2008-1510. One section addresses the interpretation of a patent assignment clause to determine whether it creates an automatic assignment or merely an obligation to assign.

Remember the hype surrounding Tickle Me Elmo in 1996, Sony's Playstation in 1995 and, if you're old enough, the Cabbage Patch Kids in 1986?  Each holiday season features new "must-have" gifts—that toy your child just cannot live without or that next generation video game or console or that one special pair of boots.

Perkins Coie is proud to sponsor the 102nd Annual Dinner in Honor of the Federal Judiciary.

In this discussion, Nate Sabri and Eugene Marder of Twitch Interactive covered the ins and outs—old and new—of using third-party content in creative industries, from parody to fair use and free speech.

Perkins Coie sponsored the 24th Annual Berkeley-Stanford Advanced Patent Law Institute (APLI). Co-organized with Stanford Law School, the APLI presents a roster of judges, academics, litigators, patent prosecutors, and senior intellectual property (IP) counsel from major corporations offering a results-oriented, in-depth look at the latest developments in patent law and practice.

Perkins Coie sponsored the annual ChIPs Global Summit. ChIPs is a nonprofit organization that advances and connects women in technology, law, and policy.

Perkins Coie sponsored the IAM Live: Trade Secrets Strategy USA, which brought together leading experts, including private practice and in-house counsel, to provide actionable insights into the identification, management, valuation, enforcement, and monetization of trade secrets.

The ChIPs Pacific Northwest Chapter moderated panel discussions on Generative AI and Copyright Issues (1.0 CLE credits pending) and to learned more about ChIPs and plans for future Portland Area events. 

Perkins Coie sponsored this year’s PTAB Bar Association Thought Leadership Summit at the U.S. Patent and Trademark Office (USPTO) in Alexandria, Virginia.

Perkins Coie sponsored the annual McCarthy Institute IPCon.

Perkins Coie sponsored the 2023 LOT Network BRIDGE Annual Meeting, which provided an exclusive opportunity for leading companies from across the globe to share ideas, learn from intellectual property (IP) experts, and build stronger networks.

Perkins Coie sponsored the annual WTR Live: Brand Strategy Summit.

Perkins Coie Partner Veronica Ascarrunz served as a panelist for How to Pitch to Win - Your Case/ New Business at the ChIPs NextGen Summit at the USPTO headquarters.

Perkins Coie sponsored the 2023 Intellectual Property Owners Association (IPO) Annual Meeting held at the Hynes Convention Center in Boston, Massachusetts.

Partner Harvey Chen delivered the “Intellectual Property: What Startups Need to Know” presentation during the 2023 G Camp Startup Bootcamp in Taipei.

Perkins Coie sponsored the annual Federal Circuit Bar Association Bench & Bar® Conference held June 28 – July 1, 2023 in Colorado Springs, CO.

Perkins Coie is the host of two INTA North America Roundtables on "Wellness in the Practice of Law.

Perkins Coie was proud to be a presenting sponsor of the 21st Annual Rocky Mountain Intellectual Property & Technology Law Institute on June 1-2, 2023, at the Westin Westminster Hotel in Denver, Colorado.

Perkins Coie sponsored the BioPharmaceutical Technology Center Institute’s (BTC Institute) International Forum on Consciousness, “Nature, Earth, and Humanity: Evolution of Connection,” on May 18 – 19, 2023.

Perkins Coie sponsored the 17th Wisconsin Stem Cell Symposium “Stem Cell Innovations in Building and Rebuilding the Nervous System” coordinated by the University of Wisconsin–Madison Stem Cell & Regenerative Medicine Center and the BioPharmaceutical Technology Center Institute (BTC Institute).

Perkins Coie attended Fast Moving Consumer Products IP Protection & Innovation Summit in April 2023.

Perkins Coie sponsored “Clients & The Courts, A Conversation” on March 24, presented by the Federal Bar Association in association with Stanford Law School.

Perkins Coie sponsored the 2nd Annual Amplify Surgical Endoscopic Spine Symposium on March 4.

INTA’s North American Roundtables have returned for Annual Case Law Review sessions in various cities across the United States.

Perkins Coie sponsored the 36th Annual Course Advanced Intellectual Property Law conference.

Perkins Coie sponsored this year’s Chicago Women in IP (ChiWIP) Annual Progressive Networking Dinner, on February 8, 2023.

Partner Harvey Chen hosted the “A.I. and Her Lawyer’s Troubles?” conversation during the TEDxWoodside: Regeneration program at Stanford University.

Counsel Maria Stubbings presented to the PTAB Bar Association Young Lawyers and Agents Committee in their Nuts and Bolts Series designed to share information among less experienced practitioners.

Perkins Coie was a proud sponsor of the 2022 Annual IPO Education Foundation Awards Celebration.

Perkins Coie partners Nancy Cheng and Wendy Wang led a CLE presentation for Asian Pacific American Bar Association members on November 15, 2022.

Perkins Coie was a proud sponsor of the 12th Annual Austin Startup Week in Austin, Texas.

Perkins Coie was a proud sponsor of this year’s Chicago Women in IP (ChiWIP) Dress for Success Worldwide Central clothes sorting event in Chicago, Illinois.

Perkins Coie was a proud sponsor of the annual ChIPs Global Summit. ChIPs is a nonprofit organization that advances and connects women in technology, law, and policy.

Perkins Coie Partner Sarah Piepmeier was a panelist for Breaking Barriers: Advanced Advocates Who Shatter Glass Ceilings at the ChIPs NextGen Summit

Perkins Coie was a proud sponsor of the 25th Annual Eastern District of Texas (EDTX) Bench Bar Conference, which brought together judges, lawyers, speakers, guests, and other participants from across the country and around the globe.

Perkins Coie was a proud sponsor of the Global FRAND & SEP Symposium, which is designed for professionals whose job functions relate directly or indirectly to standardized products.

Ron Koo was a panelist in this presentation on the key considerations every game developer should consider when integrating film, TV, music, or other intellectual property into video games.

Patchen Haggerty moderated the IP and Game-Related Enforcement presentation, covering how to develop robust content protection and branding strategies.

Perkins Coie was a proud sponsor of the American Bar Association’s (ABA) 2022 IP Fall Institute, a three-day virtual continuing legal education (CLE) program focusing on the latest developments and hottest topics in intellectual property (IP). The IP Fall Institute featured panels conducted by leading practitioners providing insight on industry developments and coming trends.

Perkins Coie was a proud sponsor of the LOT Network BRIDGE Annual Meeting, which brought together leading companies and innovative leaders from across the globe to share ideas, learn from intellectual property (IP) experts, and build stronger networks.

Perkins Coie was a proud sponsor of the 2022 Intellectual Property Owners Association (IPO) Annual Meeting held at the JW Marriott in Los Angeles, CA. The annual meeting brought together IP professionals from around the world to discuss strategies, trends, and best practices.

Perkins Coie was proud to serve as the exclusive law firm sponsor of the 2022 Seattle Art Fair. A one-of-a-kind destination for the best in modern and contemporary art.

Intellectual property attorneys from Perkins Coie and guest speakers from the Liu Shen & Associates IP practice presented a July 6 virtual CLE seminar focused on anti-suit injunctions and standard essential patent (SEP) litigation strategies in the United States and China.

Five Perkins Coie Intellectual Property partners were recently invited to present at the 2022 Guangdong Overseas IP Protection Training Program. The program is a series of courses that is designed for IP professionals in Guangdong.

Perkins Coie sponsored the Women in Law & IP Summit held at the Sheraton Hotel in Palo Alto, California. This event explored the career obstacles, risks, and rewards faced by women attorneys on the path to a fulfilling and productive career.

The Sports Lawyers Association, in conjunction with Perkins Coie LLP, had a panel discussion on current issues in intellectual property and sports.

Perkins Coie was the presenting sponsor for the 20th Annual Rocky Mountain Intellectual Property & Technology Law Conference.

Perkins Coie sponsored the inaugural Managing IP Intellectual Property and Innovation Summit, at which Patent Litigation Partner Gene Lee participated in a panel discussion on practical steps to approaching third-party finance.

INTA’s annual meeting brought together the most influential brand professionals from across the globe and across industries at the largest gathering of its kind.

The Annual Dinner in Honor of the Federal Judiciary is one of the premier events in the legal industry.

The 2022 PTAB Bar Association Annual Conference was held March 23 – 25, 2022, at the Ritz-Carlton in Washington, D.C.

This panel discussed recent shifts in the balance between creator rights and the interests of our creative industries and considered whether a recalibration of copyright is, or should be, occurring in the wake of emergent technologies and ideologies.

Austin Partner Janice Ta presented “American Axle and Subject Matter Eligibility Jurisprudence—Where Are We Now?” on Wednesday, February 16, 2022.

Perkins Coie is a proud sponsor of the WTR Live: The Future of Trademark Management and Brand Protection Roadshow, which will be held in multiple locations from December 3 – December 10.

Perkins Coie is a platinum sponsor of the virtual 2021 ANA/BAA Marketing Law Conference.

The International Trademark Association (INTA)’s Annual Meeting is the largest and most influential gathering of brand owners and intellectual property professionals from around the world and from across industries.

Perkins Coie is a long-time sponsor of IPBC Global, the pre-eminent gathering of the world’s IP business leaders.

Perkins Coie is proud to sponsor the ACI 16th Annual Paragraph IV Disputes Conference which will be held November 9 -10 in New York.

Perkins Coie Patent Litigation Practice Firmwide Chair Christopher Hanewicz and Partner Adrienne Ehrhardt will present on a panel for the ACC WI Annual Conference held in-person and virtually on November 4, 2021 from 11:00 a.m. – 11:50 a.m. CDT.

Perkins Coie has been a proud sponsor of the annual ChIPs Global Summit, which advances and connects women in technology, law, and policy, since its inception.

The 2021 PTAB Bar Association Annual Conference, of which Perkins Coie was a sponsor, took place September 22-24, 2021 at the Ritz-Carlton in Washington D.C.

The 2021 IPO Annual Meeting, of which Perkins Coie was a sponsor, was held at the JW Marriot in Austin, TX.

Perkins Coie was a proud sponsor of the LOT Network Bridge Annual Meeting, which brought together industry leaders and innovative startups to share ideas, learn from IP experts and build stronger networks.

Perkins Coie was a sponsor of the IntuitiveX 5th Anniversary held in Seattle, WA, on September 16, 2021.

Perkins Coie’s patent team in Shanghai was invited to provide a patent training at the Shanghai University.

Perkins Coie was a sponsor of the China Intellectual Property Forum which was held in Shanghai.

The Federal Circuit Bar Association Bench & Bar® Conference was held virtually from June 21-25.

Perkins Coie was a sponsor to the 2021 MIP's Internation Women's Leadership Forum - East Coast on June 6.

Perkins Coie was proud to be a presenting sponsor for the 19th Annual Rocky Mountain Intellectual Property & Technology Institute Conference, which was held virtually June 3-4.

The strategic value of software and data is ever increasing. Understanding how patent, trade secret and copyright law can protect these valuable assets is essential.

Perkins Coie was a proud sponsor of the 2021 TechCrunch Early Stage Conference which was held virtually April 1-2.

Perkins Coie was a platinum sponsor of the virtual 2020 ANA/BAA Marketing Law Conference.

This webinar focuses on non-patent intellectual property, including a discussion of copyright, trade secret, and trademark issues that we expect to see arise in the coming years.

Patents were established to protect innovations, and novelty is the root of innovation. In this presentation, patent professionals at Perkins Coie discuss best approaches to patenting AI, as well as factors and challenges that are commonly encountered when seeking patent protection for AI innovations.

In this webinar, partner David St. John-Larkin is joined by Jill Bowman, associate general counsel of Intel.

In this webinar, experts from across the industry discussed highlights from the survey findings and their expectations for the future of XR technology.

At TechCrunch’s first virtual Early Stage conference, which Perkins Coie sponsored, Partners Matt Oshinsky and Michael Glenn were joined by Baris Aksoy of AV8 Ventures to discuss creating and protecting intellectual property value.

On June 25, Seattle Partner Lynne Graybeal, along with other panelists, spoke on “Adapting to a Changing World: Appetite & Acquisition in the Art Market Today.”

During the last year, the U.S. District Court for the Western District of Texas has become the most popular court for patent infringement lawsuits. It is important for Chinese companies doing business in the United States to understand this court and how it operates.

A legal seminar on intellectual property, and an International Trade Commission Section 337 mock trial demonstration, as part of the World Intellectual Property Organization’s (WIPO) Annual World Intellectual Property Day celebrations.

A presentation with Perkins Coie LLP and the Zhonglun W&D Law Firm on key legal issues faced by companies doing business in the U.S. We shared practical insights based on our deep experience and understanding of the complex legal and business issues facing Asia-based companies doing business abroad.

A legal seminar on intellectual property, and an International Trade Commission Section 337 mock trial demonstration, as part of the World Intellectual Property Organization’s (WIPO) Annual World Intellectual Property Day celebrations.

A presentation with Perkins Coie LLP, Zhonglun W&D Law Firm and China Chamber of International Commerce on key legal issues faced by companies doing business in the U.S. We shared practical insights based on our deep experience and understanding of the complex legal and business issues facing Asia-based companies doing business abroad. 

A presentation with Perkins Coie LLP, Shanghai L&W Intellectual Property Law Office, Zhonglun W&D Law Firm and Shanghai Pudong Association for Investment & Financing on key legal issues faced by companies doing business in the U.S. We shared practical insights based on our deep experience and understanding of the complex legal and business issues facing Asia-based companies doing business abroad.

Perkins Coie LLP, Wispro Technology Consulting Corporation, and Fronteo Taiwan, Inc held a seminar "Legal and IP Issues in Cutting Edge Artificial Intelligence Industry and Markets"

A review of major patent appellate decisions over the last year by the U.S. Supreme Court and the Federal Circuit.

Patent Litigation practice lunch and learn addressing key patent litigation issues and developments faced by in-house counsel. The program included a sit down with the Honorable Virginia Kendall, who provided a unique view of IP litigation from behind the bench, and panels made up of in-house counsel and our own patent litigation authorities.

Participated on a panel analyzing patent law decisions from the U.S. Supreme Court and Federal Circuit from 2016 and 2017, their impact on Taiwanese companies and how Taiwanese companies can protect their brands from confusion in the U.S.

CLE that looked at Alice Corp. v. CLS Bank Int’l.

Perkins Coie partners Marcelo Halpern, Richard Clifford and Andrew Shipley participated in PLI’s Understanding the Intellectual Property License 2014.

A panel discussion on the In re Bilski opinion.  This was a complimentary breakfast CLE during which a highly-qualified panel discussed how the opinion changes prosecution and litigation of software and business method patents.

The Co-Chairs of the Intellectual Property Litigation Committee of the American Bar Association Section of Litigation invite you to participate in one of the Committee’s most popular programs—the Roundtables.