House Passes Federal Trade Secret Bill

The House on Wednesday passed the Defend Trade Secrets Act of 2016 which would allow individuals and companies to fight trade-secret theft in federal court. The Senate already voted to approve the bill earlier this month, and President Obama is…

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Federal Circuit Finds the Disparagement Provision of the Lanham Act Unconstitutional

This presentation provides information concerning the recent In re Tam case in which the Federal Circuit held that the disparagement provision of §2(a) of the Lanham Act is unconstitutional because it violates the First Amendment right of free speech. It…

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Domain Disputes and a Review of the Uniform Domain-Name Resolution Policy (UDRP)

The presentation below provides information concerning the Uniform Domain-Name Resolution Policy (UDRP) as well as the recent Uniform Rapid Suspension (URS) procedures. This presentation discusses the nuts and bolts of filing complaints as well as the elements required to file…

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Patent Examination Guidelines in View of the Alice Decision Presentation

The following presentation discusses the recent patent examination guidelines for patentable subject matter issued by the USPTO concerning the recent Alice decision. To view the presentation, visit: Examiner Guidelines from Woodard, Emhardt, Henry, Reeves & Wagner, LLP

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Supreme Court Confirms that First Sale Doctrine Applies to Lawful Foreign Sales

Is a person who lawfully obtains a book from overseas allowed to redistribute the book in the United States without paying royalties to the original copyright owner? That is the question the Supreme Court addressed in its ruling in Kirtsaeng…

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Saving High-tech Innovators from Egregious Legal Disputes, or SHIELD Act

Representatives Peter DeFazio (D-Ore.) and Jason Chaffetz (R-Utah) recently reintroduced H.R. 845, the Saving High-tech Innovators from Egregious Legal Disputes, or SHIELD Act. The bill seeks to “protect American tech companies from frivolous patent lawsuits that cost jobs and resources”…

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Jeremy Gustrowsky Presents on Copyright Issues Related to Software and Websites

Jeremy Gustrowsky has prepared a presentation regarding copyright issues related to software and websites. The presentation includes a discussion on what is protectable and how protection is best attained. To view the presentation, visit: Copyright Issues Related to Software and…

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Amazon.com Unable to Push Litigation Out of the Eastern District Of Texas

In a recent patent infringement case, Amazon.com asked to have the case transferred from the Eastern District to the Western District of Texas. That motion was denied by the Eastern District federal court judge. Amazon appealed to the Federal Circuit…

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Will the America Invents Act (AIA) Change Patent Litigation in the Eastern District of Texas?

This presentation examines whether the AIA will change patent litigation in the Eastern District of Texas. The presentation explores aspects of the AIA, including changes to joinder, Post Grant Review and Inter Partes Review and how each of these changes…

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US Senate Passes the America Invents Act

On September 8, 2011, the Senate overwhelmingly passed S.23, more commonly known as the “America Invents Act”. It is the same bill passed by the House of Representatives in June which makes several significant changes to the U.S. patent system.…

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