McDermott's Reverse Engineered: Conversations on IP

Catch up on June’s top IP headlines. Join Nathan Smith, Sarah Bro and Mandy Kim as they discuss last week’s Supreme Court decision on recovery of foreign lost profits for patent infringement and this week’s grant of certiorari to consider application of the post-AIA on-sale bar to a “secret sale.” They also discuss the resolution of the copyright-related “dancing baby” case and some of the creative trademark branding strategies being implemented of late by well-known companies. Finally, they explore additional forthcoming clarification from the USPTO and the growing pressure on Congress to draft new legislation regarding patent subject matter eligibility under Section 101.

Catch up on May’s top IP headlines. Join Nathan Smith, Sarah Bro and Mandy Kim as we discuss last week’s jury award of $539M in the Apple v. Samsung case, pursuant to the design patent damages test adopted by the district court. We also discuss the USPTO’s proposal to change the claim construction standard in AIA proceedings, new rules for ITC investigations, an update on examination of potentially scandalous trademarks, two dueling bills before Congress that may affect the term of copyrights, and other topics.

Catch up on April’s top IP headlines. Join Nathan Smith, Sarah Bro and Paul St. Marie, Jr. as we discuss April’s Supreme Court cases that ruled on the constitutionality of IPRs and the treatment of claims during an IPR, as well as updates regarding the newly released USPTO memo outlining requirements for Section 101 rejections of patent ineligible subject matter, the impending in-line linking copyright circuit showdown, Afghanistan joining the Madrid system, and importantly, the WHOIS blackout period going into effect later in May 2018.

Join us for a terrific discussion of the progress, treatment and prominence of women in the IP legal industry. Our panel, moderated by McDermott partner Natalie Bennett, includes attorneys from several of America's top companies and some of our industry's top law firms. The panel shares their insight and perspective on the landscape for women in IP, where we are, where we need to be, and how we can strengthen our teams by promoting and championing women in our profession.

Catch up on the latest news and trends affecting intellectual property. In this episode, McDermott IP partner Nathan S. Smith welcomes partners Sarah Bro and Mandy Kim for a discussion of recent IP headlines from across the world, including sports-related copyright and rights of publicity issues, updates on how Brexit’s recently accepted transition terms affect trademarks, progress of the STRONGER Patents Act legislation through the US House of Representatives, the first-ever derivation proceeding instituted by Patent Trial and Appeal Board, and a recap of the decision in the “Blurred Lines” copyright case.

Catch up on the latest news and trends affecting intellectual property. In this episode, McDermott IP partner Nathan S. Smith welcomes partners Sarah Bro and Mandy Kim for a discussion of recent IP headlines from across the world, including copyright news, creative ways companies are protecting their trademarks, how patent owners may avoid summary judgment on Section 101 motions, recovery of expenses in Section 145 actions, and the first state court case to settle the issue of whether non-lawyer patent agent communications are privileged.

Catch up on the latest news and trends affecting intellectual property. In this episode, McDermott IP partner Nathan S. Smith welcomes Sarah Bro for a discussion of recent IP headlines from across the world, including news related to US copyright composition rights, European guidance on litigating and licensing SEPs, WIPO global patent filing statistics, European trademark opposition proceedings, and US trademark litigation developments.

Cryptocurrency and blockchain technology are increasingly finding their way into the general public’s investment portfolio and daily use. In Part One of this topic, McDermott IP partner Nathan S. Smith welcomes John Magluyan, a partner in McDermott’s Orange County office, to discuss the background and business of cryptocurrency and blockchain technology, how this technology is protected, and the current landscape for crypto-related patent portfolios. As always, the podcast begins with a discussion of recent IP headlines from across the world with Sarah Bro.

Health-related technology is growing at an accelerating rate, as is its demand. The Food and Drug Administration (FDA), as the gatekeeper tasked with verifying the advertising for health products, and the safety and efficacy of such technology, including new mobile platforms, has developed various new regulations in recent years. In this episode, McDermott IP partner Nathan S. Smith welcomes Vernessa Pollard and Veleka Peeples-Dyer, partners in McDermott’s Washington DC office, to discuss five critical issues that life science companies should consider in dealing with the FDA. The podcast begins with a discussion of recent IP headlines from across the world with Sarah Bro.

Patent trolls are not new. However, after many years in the spotlight, legislative and judicial action has pushed patent trolls toward the shadows. In this episode, McDermott IP partner Nathan S. Smith welcomes Chris Bright, an IP partner in McDermott’s Orange County office, to update us on the effects of legal developments affecting patent trolls, litigation trends and what may happen next. Among other topics, they discuss reasons why the patent troll industry may try to re-enter the limelight with patents relating to the Internet of Things (IoT). As always, the podcast begins with a discussion of recent IP headlines from around the world with Sarah Bro.

The Unified Patent Court (“UPC”) has been 50 years in the making. Until just recently, with much of the groundwork already laid, implementation appeared to be only two years away. In this episode, McDermott IP partner Nathan S. Smith welcomes Henrik Holzapfel, an IP partner in McDermott’s Düsseldorf office, to discuss how an individual hit the brakes on the UPC by filing a constitutional complaint in Germany, single-handedly adding several years to the UPC ratification process. They discuss the implications of this extraordinary development and what we can expect going forward. And as always, the podcast begins with a discussion of recent IP headlines from across the world with Sarah Bro.

The Defend Trade Secrets Act of 2016 (DTSA) created a valuable new tool for protecting intellectual property: a federal cause of action for trade secret misappropriation. With a year’s worth of experience under this new law, McDermott IP partners Natalie Bennett and Nitin Gambhir discuss the contours of the DTSA, lessons learned through litigation, and how the DTSA case law is developing. The podcast begins with Nathan S. Smith and Sarah Bro, who discuss various IP headlines from across the world.

The US Supreme Court’s recent term made waves in several areas of intellectual property law. In this episode, McDermott IP partner Nathan S. Smith and colleague Barrington E. Dyer discuss five of the top IP cases from the Supreme Court with several McDermott partners. These cases cover the disparagement clause of the Lanham Act (Lynne Boisineau), venue in patent cases (Fabio Marino), extraterritoriality of patent law (Robert Underwood, PhD), patent exhaustion (Sarah Chapin Columbia), and copyright protection for features of useful articles (Sarah Bro). The podcast begins with Sarah Bro, who shares some recent IP headlines from across the world.

China has long been a coveted region of interest for intellectual property (IP) owners, and recent legislative and judicial changes are making China more IP-friendly than ever before. In this episode, McDermott IP partner Nathan S. Smith and colleagues from MWE China, Wendy Wu and Ya-Chiao Chang, discuss several of the major changes and recent Chinese Supreme Court actions affecting the patents and trademarks in China, as well as issues to watch for in the near future. The podcast begins with Mandy Kim, who shares some recent IP headlines from across the world.

An international panel of McDermott’s US and European lawyers compare and contrast recent developments in trademark, copyright and design law, including developments in disparagement law, separability in copyright, US and European enforcement strategies, use of name in trademark, and use in commerce requirements.