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All Fundamentals of Intellectual Property Law

Employee Inventions
6/18/2008
Typically, ownership of an idea or invention is determined by whom and in what context the creation took place. For example, an individual who invents something entirely on his own retains complete ownership. On the other hand, an individual hired by a company...(0 comments)

The Fundamentals of Trade Secret Law
6/18/2008
Trade secrets can be any type of information, process, idea or "know how" that is not generally known and gives the possessor an advantage in the marketplace. Trade secrets, therefore, include a wide range of confidential business information known...(0 comments)

Download MS Word Document The First Amendment, Non-Commercial Use, and Fair Use
1/24/2008
Fair use is a legislatively codified equitable doctrine designed to carve out certain exceptions to the copyright monopoly for the benefit of the public. 17 U.S.C. §107; see Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994). Fair use has traditionally...(0 comments)

Download MS Word Document Opposition Proceedings before the United States Patent & Trademark Office Trademark Trial and Appeal Board
1/24/2008
The Trademark Trial and Appeal Board ("Board" or "TTAB") currently consists of the Chief Judge and 18 Board members, referred to as Administrative Trademark Judges and 14 Interlocutory Attorneys, and support staff. The Board decides ex...(0 comments)

Download MS Word Document Doing Business on the Internet: Avoiding Intellectual Property, Information Dissemination, and Consumer Protection "E-Commerce Liability"
1/24/2008
This Outline explores some of the principal liability issues which arise in connection with the conduct of E-commerce, particularly liability for violation of the intellectual property law and laws regulating the provision of goods and services to the consumer...(0 comments)

Download MS Word Document Copyrights
1/24/2008
Copyright developed after the invention of the printing press as a means of protecting works of authorship. The United States Copyright Law derives from a constitutional grant to Congress to promote progress in science, knowledge and learning. Copyright protects...(0 comments)

Download MS Word Document A Primer on Vertical Restraint Law Applied to Intellectual Property - Is Microsoft Really a Vertical Restraint Case?
1/24/2008
First and foremost, the antitrust treatment of intellectual property is not different from other types of property. The D.C. Circuit Court of Appeals succinctly underscored this point in the Microsoft case when analogizing Microsoft's ownership interest...(0 comments)

Download MS Word Document Trademark Searching
1/24/2008
What is a Trademark? A trademark can be anything that indicates the source of a product or service and distinguishes that product or service in the marketplace from those of others. Trademarks can be words, phrases, logos, smells, musical tones (the NBC...(0 comments)

Download MS Word Document Prosecuting Trademark Applications in the United States Patent and Trademark Office
1/24/2008
Careful planning and informed decision-making are the hallmarks of successful selection, adoption, and registration of trademarks and service marks. This paper outlines certain fundamental concepts of trademark law and specifically discusses the advantages...(0 comments)

Open Source Software Now Comes with Patent Free Ride; Digital Rights Management also Affected
1/24/2008
Open source software is software that is distributed with the source code and without prohibitions on either the creation of modifications to that source code or further distribution of the software. Those contributing modifications to software licensed...(0 comments)

10 Things I Have Learned From Prosecuting 100 Patents: A Somewhat Irreverent Guide to the U.S. Patent System
1/24/2008
On May 23, 2006, the United States Patent and Trademark Office issued the 100th utility patent I have written and prosecuted (U.S. Patent No. 7,048,118, “Support Post With Locking Feature”), the last 14 while I’ve been with Clausen Miller. ...(0 comments)

"Joint Infringement" Rejected by Federal Circuit
1/24/2008
In a recent decision, the Federal Circuit narrowed patent infringement claims based on a theory of "divided infringement," which is of particular importance in telecommunications, networking, Internet and software patent litigation. ...(0 comments)

Could you repeat that, please?
1/24/2008
Just starting out in the IP field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle IP matters competently. Read on for a quick primer! Patent Terms of Art ...(0 comments)

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3/17/2008
Questionable Decisions
I am working with a senior associate on a high-profile matter, and I question his strategy. He is on good terms with the partner responsible for the matter. I've tried to speak to the senior associate...
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