February 16, 2021

Tips on Drafting a Winning PTAB Appeal Brief

Review the requirements for appeal briefs and reply briefs in this checklist before appealing a patent examiner’s rejection of a patent application to the Patent Trial and Appeal Board (PTAB). READ NOW » Related Content Patent Applicant’s...
February 11, 2021

Is the New Copyright Small-Claims Court a Viable Alternative to Litigation?

Get up to speed on the key provisions of the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act)—which creates a new administrative forum (to be launched in late 2021) for resolving copyright disputes involving small claims of up to ...
February 03, 2021

Well, I Do Declare! Patent Expert Declarations Are Not So Obvious

Get tips on preparing a well-crafted expert declaration to support a motion for summary judgment of patent invalidity based on obviousness under 35 U.S.C. § 103. READ NOW » Related Content Summary Judgment Motion Brief (Obviousness) Adapt this...
January 27, 2021

Lessons Learned From a Virtual ITC Patent Trial

This article discusses 10 lessons learned from the authors’ recent experience conducting a virtual trial in a patent case before the International Trade Commission (ITC). READ NOW » Related Content ITC Section 337 Investigations in Patent Infringement...
January 22, 2021

Trademark Modernization Act and Its Impacts on Trademark Practice

This article discusses the key changes to trademark law contained in the Trademark Modernization Act of 2020 (TMA), including a rebuttable presumption of irreparable harm, a process for submitting third-party evidence during trademark examination, shortened office...
January 15, 2021

Trademark Infringement Profit and Damage Awards Standards Chart (2d Cir)

Use these standards charts when drafting memoranda or briefs in trademark litigation that require citation to Second Circuit law. Topics discussed include the standards for awarding defendant’s profits and plaintiff’s actual damages pursuant to 15 U...
January 10, 2021

Going, Going, Gone! How to Expedite Patent Prosecution

Need to get a patent fast? You might be able to skip the line with one of the four procedures available at the U.S. Patent and Trademark Office (USPTO) for expediting prosecution—the Patent Prosecution Highway, petitions to make special, Accelerated Examination...
December 18, 2020

Don’t Lose Your (Patent) Appeal: Guidance on Appealing Patent Application Rejections

Navigate the ins and outs of appealing a U.S. Patent and Trademark Office (USPTO) examiner’s rejection of a patent application to the Patent Trial and Appeal Board (PTAB), including key procedures, requirements, and special programs. READ NOW » ...
October 21, 2019

Five Trial Tips for IP Lawyers

Trying an intellectual property dispute to a jury is no easy feat. No trial is. But the inherent complexity of most intellectual property disputes (which generally includes more science and technicality than the layperson can grasp) means that IP lawyers must...
October 18, 2019

What Can You Trademark?

Trademarks offer strong legal protections to your brand. But the scope of what encompasses your brand’s identity and the limits on what you can (or cannot) trademark may differ with specific use cases. Before we dive any deeper, here’s a helpful primer...
June 19, 2019

What's the Difference Between a Trademark and a Copyright?

There’s no doubt that you’ve come across the words trademark and copyright countless times in your life. But, have you ever really stopped and thought about what a trademark is? Or how to get copyright protection? Maybe you’ve wanted to trademark...
February 01, 2019

High-Stakes Commercial & IP Litigation

In October 2018, former McKool Smith rainmakers, Courtland Reichman and Sarah Jorgensen, launched what they are confident represents "the law firm of the future." The 13-attorney elite national trial firm, Reichman Jorgensen , focuses on high-stakes...