Patents

  • IP lockdown

    The era of Big Data is, for better or for worse, upon us. And in this Brave New World that has such data in it, companies inevitably have massive amounts of information that must be kept both private and secure. Trade secrets such as customer lists, manufacturing processes and even...

  • Prepping for battle

    So far, this IP-themed issue of InsideCounsel has taken us through the steps of monetizing and protecting IP assets. But the fact of the matter is, in this day and age, the biggest trends that in-house counsel are tracking are those involving IP litigation. Whether your company is an accused...

  • Europe's new patent system

    Europe is moving towards an entirely new patent system that could come into effect as early as 2016. Under the new system, one Unitary Patent will be in effect across all of the participating 26 European Union member states, including at least Germany, the United Kingdom, France and 10 others....

  • Alphabet soup

    The Leahy–Smith America Invents Act (AIA) was seen as the most important new patent law in a half century when it was approved in 2011. The law basically moved the U.S. patent system from a “first to invent” to a “first inventor to file” system. It also allowed for inter...

  • Cybersecurity and intellectual property: How protected are you?

    The biggest threats to your company's intellectual property may reside inside your own organization. Employees are frequently the primary threat to data security, whether it's a departing employee stealing trade secrets, a well-intentioned employee placing valuable intellectual property on an unsecured computer or device, or a hapless employee accidentally installing...

  • Congress tries to pass trade secrets protection bill

    Some bipartisan members of Congress have once again backed a bill that attempts to stop the loss of hundreds of billions of dollars a year from the theft of corporate trade secrets.

  • More changes proposed on PTAB trial proceedings

    “The PTAB proceedings are succeeding in their Congressional mandate to effectively and efficiently resolve patent validity disputes, while providing timely, low-cost alternatives to district court litigation,” USPTO Director Michelle Lee said.

  • Kirkland’s Carson helps Merus achieve win in inequitable conduct case

    Kirkland & Ellis partner Patricia A. Carson was part of the team that helped convince the U.S. District Court for the Southern District of New York to rule for client Merus B.V. and find that Regeneron engaged in litigation misconduct and withheld material information from the U.S. Patent and Trademark...

  • A look at the post-Actavis landscape

    Two years ago, the Supreme Court issued its decision in FTC v. Actavis, Inc., holding that patent litigation settlement agreements in which the patentee pays the defendant to settle the patent infringement case the patentee brought—often referred to as a “reverse settlements”—can create potential antitrust liability.

  • The Federal Circuit holds BPCIA's 180-day notice of intention to commercially market can only be provided after product is approved

    On July 21, 2015, in a case of first impression on the interpretation of the Biologics Price Competition and Innovation Act of 2009 (BPCIA), the Federal Circuit held that the 180-day commercial marketing notice provision under 42 U.S.C. § 262(l)(8)(A) can only be given after the FDA has approved the...

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