The Defend Trade Secrets Act – Getting a Head Start

April 28, 2016

On April 27, 2016, the United States House of Representatives approved the Defend Trade Secrets Act of 2016 (DTSA) by a vote of 410-2. The bill now awaits President Obama’s approval, which is expected in the next few days. The DTSA, which for the first time provides a federal civil remedy for the misappropriation of […]

Mikhael Mikhalev

Choosing between Design Patent and Copyright Protection? Sometimes You Don’t Have To

April 20, 2016

If you are considering protecting your intellectual property, the choice between copyright and design patent protection is not always mutually exclusive.  In certain cases, your intellectual property may be protected by both copyright and design patent protection. Copyrights, in general, are meant to protect original works of expression.  See 17 U.S.C. § 102.  Such works […]

Kirk R. Harris

Rachel Jacques

Is the Role of the Expert Witness in Claim Construction Changing?

April 1, 2016

The proper role of extrinsic evidence in claim construction, in particular expert witnesses, has long been a matter of some debate. The Federal Circuit has been fairly consistent in characterizing extrinsic evidence as less important than the intrinsic record (the patent and its prosecution history) when construing claim terms. However, because claim construction focuses on […]

R. Parrish Freeman

Taylor J. Wright