Intellectual Property

Expert Analysis

• A Look At GAO Recommendations For Improving Patents

  

  A recent Government Accountability Office report on the quality of patents issued by the U.S. Patent and Trademark Office comes at a time of upheaval in the intellectual property world. Different ideas exist on how to carry out reform, and the GAO report highlights the presence of at least two distinct camps within government agencies, say attorneys with Haynes and Boone LLP.

• CFAA Clarity From 9th Circ. Password-Sharing Decisions

  

  Coming less than two weeks apart in July, the Ninth Circuit's decisions in U.S. v. David Nosal and Facebook v. Power Systems provide some guidance — at least in the Ninth Circuit — concerning when password-sharing is permissible under the Computer Fraud and Abuse Act, say Hanley Chew and Sebastian Kaplan of Fenwick & West LLP.

• Risk Management Tips For Attys Serving As Local Counsel

  

  Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)

• DTSA — New Strategy For 'Bring Your Own Cloud' Issues

  

  Recent controversies in federal courts around the country illustrate the potential pitfalls employers face in crafting use parameters that permit employee flexibility while fully addressing the risks of cloud computing and "bring your own cloud" policies. The Defend Trade Secrets Act may provide an effective tool for companies, say Christina Von der Ahe and Daniel Corbett of Orrick Herrington & Sutcliffe LLP.

• Patent Term Extension Not A 1-Trick Pony For Animal Drugs

  

  The animal drug and health industry is not immune from the regulatory marketing approval process seen in its companion human drug and health industry. Animal drug innovators, however, have options in how they apply for both U.S. Food and Drug Administration approval and patent term extension, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

• Beware The 'Standard' Mediation Confidentiality Agreement

  

  There are several risks involved with signing a "standard" mediation confidentiality agreement, both to your clients and to yourself. Once you recognize these risks, you will never sign a standard MCA again, at least not without a lot of thought and a lot of disclosures to your client, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

• The Complicated Role Of Copyright In EU Pay-TV Case

  

  While the European Commission's decision to close its antitrust investigation of Paramount Pictures does not mark the end of the pay-TV investigation, which continues against other studios and broadcasters, the history of the case and the terms of this settlement provide an interesting insight into the EC’s current views on the interaction between competition law and copyright, say Becket McGrath and Trupti Reddy of Cooley LLP.

• No Man's Formula: Following Hello Games' Patent Concerns

  

  One of the controversies surrounding the highly anticipated video game "No Man's Sky" involves the question of whether or not its developer Hello Games infringed on a patented method of generating content. Timothy Foster of Sam P. Israel PC explains why it is unlikely that Hello Games should fear a lawsuit, even if it did use the patented Superformula.

• The Shifting Junction Of Trade Secret Law And Noncompetes

  

  While trade secrets are currently gaining greater protection, noncompetes are facing greater scrutiny. David Almeling and Tony Beasley of O’Melveny & Myers LLP explore this changing intersection of law, and explain how direct protection for trade secrets is waxing, while indirect protection in the form of noncompetes may be waning.

• P3 At USPTO: Time To Re-Examine 'Compact Prosecution'

  

  The U.S. Patent and Trademark Office's Post-Prosecution Pilot program, which took effect last month, is part of the USPTO's continuing efforts to reduce the number of requests for continued examination. However, the P3 program actually reduces the opportunities available for applicants to advance their applications, and calls into question the USPTO's entire approach to "compact prosecution," says Jeffrey Ingerman of Ropes & Gray LLP.