IP PUBLIC POLICY

Last week, the Senate Judiciary Committee approved the Defend Trade Secrets Act of 2016 (S. 1890), priming the House of Representative for a vote on its companion bill, H.R. 3326. Before going to Committee, S. 1890 passed by a vote of 87-0 on the Senate floor. Senator Orrin Hatch sponsored the bill... read more
Dunlap Codding's own Jordan Sigale and Julie Langdon co-authored an amicus brief on behalf of the Federal Circuit Bar Association filed on April 20, 2016, in Sequenom v. Ariosa Diagnostics at the U.S. Supreme Court.  The brief (prepared with Frank Angileri of Brooks Kushman PC) urges the high... read more
On March 31, the USPTO announced in its “Director’s Forum” blog that it is publishing the Final Rule containing the amendments to the Rules of Practice for trials before the Patent Trial and Appeal Board (the Board). The pre-publication version of the Final Rule is available on the USPTO website.... read more
The 1998 Digital Millennium Copyright Act (DMCA) is the law that provides a safe harbor to protect online service providers who meet certain conditions from copyright infringement liability resulting from acts by their users. To receive this protection service providers must comply with,... read more
Trade secrets are an area of intellectual property litigation that is not discussed as much as patents, trademarks, and copyrights, but is arguably equally as important. At the moment, unlike other areas of intellectual property, there is no federal civil statutory scheme for trade secrets. However... read more
The Bluebook: A Uniform System of Citation is a 511-page quasi-authoritative source of legal citation formats published by the Harvard Law Review Association working together with the Columbia Law Review Association, Inc., The Yale Law Journal Company, Inc., and the University of Pennsylvania Law... read more
Emily Campbell, Dunlap Codding's Trademark, Copyright & E-Commerce practice group leader, authored an article on the United States Copyright Office's current public study to evaluate the impact and effectiveness of the safe harbor provisions contained in section 512 of title 17, United States... read more
The Leahy-Smith America Invents Act (AIA) created post-grant proceedings at the USPTO to provide members of the public an efficient way to challenge the validity of issued patents without the expense of federal court litigation. The USPTO Patent Trial and Appeal Board (PTAB) has adopted a claim-by-... read more
On December 1, 2015, amendments to certain rules of the Federal Rules of Civil Procedure went into effect. For a better understanding of the new amendments, I have set forth a breakdown of the primary amendments to the rules and the purpose of those amendments.Rule AmendmentPurposeRule 1:... read more
On January 15, 2016, the Supreme Court granted the petition for cert for Cuozzo Speed Technologies, LLC v. Lee. This case is based on an inter partes review (IPR) instituted by the USPTO Patent Trial and Appeal Board (“the Board”). The Board applied the “broadest reasonable interpretation” in... read more
In a recent decision denying a petitioner’s request for rehearing on a decision not to institute an inter partes review proceeding, the USPTO Patent Trial and Appeal Board (“the Board”) re-emphasized that “procedural defects” can kill a petition. Specifically, the petitioner’s “failure to comply... read more
From the USPTO website: "A major power outage at USPTO headquarters occurred Wednesday, Dec. 22, resulting in damaged equipment that required the subsequent shutdown of many of our online and IT systems. This includes our filing, searching, and payment systems, as well as the systems our... read more
The Court of Appeals for the Federal Circuit (the “Federal Circuit”) ruled today that the statutory prohibition against the registration of “disparaging” trademarks violates the First Amendment. The Federal Circuit struck down a nearly 70-year-old provision in the Lanham Act’s § 2(a), writing:It is... read more
On New Year’s Day 2016, the United States Patent and Trademark Office (USPTO) will release fresh and updated goods and services identifications and classifications in the U.S. Acceptable Identification of Goods and Services Manual (ID Manual) to reflect the Nice Classification, Tenth Edition,... read more
The Federal Circuit issued a precedential opinion today in MCM Portfolio v. Hewlett-Packard Co. (Fed. Cir. 2015) (“MCM” and “HP” respectively), holding that the Inter Partes Review (“IPR”) system does not violate Article III or the Seventh Amendment of the U.S. Constitution.MCM is the owner of... read more