Intellectual Property

The Millennial Juror’s Thoughts On IP

Millennials represent more than 25 percent of the U.S. population and grew up immersed in technology. Anyone preparing to face a patent jury should consider how this age group feels about the patent world. Our analysis of 5,000 mock jurors showed two important overall conclusions, say Johanna Carrane and Lynn Fahey of JuryScope Inc.

Suddenly, ALJs Become Political Appointees

Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

The Role Of IP In The Crypto Bubble

Crypto markets experienced a sharp downturn in the first half of 2018. But strategically positioned blockchain-related patent and trademark rights can help keep a company financially and technologically relevant through even turbulent times, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

Congressional Forecast: July

While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

What Kavanaugh's Writing Tells Us About His Personality

People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

How Courts Are Analyzing Copyright Protection For Software

Two recent copyright decisions reflect a challenge for companies seeking to protect their software — courts' highly nuanced examinations of the functionality and structure of the software at issue in determining whether copyright protection is warranted, says ​​​​​​​Mark Moore of Reavis Page Jump LLP.

Del. Ruling Offers Trade Secret Reminders For Startups

The Delaware Chancery Court's recent decision in Alarm.com v. ABS highlights the tension an emerging company often faces with its potential outside investors over its trade secrets, say Josh Fowkes and Brandi Howard of Arent Fox LLP.

Opinion

3 Pros, 3 Cons Of Litigation Finance

An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

Praxair's New Twist On Subject Matter Ineligibility

Notwithstanding well-settled precedent, the Federal Circuit in Praxair v. Mallinckrodt expressly equated printed matter limitations lacking patentable weight with patent-ineligible subject matter, says Paul Zagar of Leason Ellis LLP.

Modern Communication Brings E-Discovery Challenges

As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.