Hot Topics in Intellectual Property

Acquire a basic understanding of the hottest issues being debated by IP users, practitioners, and policy makers.

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The Slants Case and the Trademark Protection Debate

Despite making music for more than a decade, the world’s first all Asian-American dance rock band had been unable to get its name registered as a federal trademark...

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Do Infringers Pay for the Whole Product or the Infringing Component?

In 2011, Apple sued Samsung for, among other things, infringement of three U.S. patents...

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Forum Shopping in Patent Cases

Does allowing patent lawsuits to be filed in any district in which a defendant has sales encourage abusive patent litigation?...

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Do Patents Really Promote Innovation?

Economists have repeatedly demonstrated that inventors are driven primarily by the expectation of profiting from owning the rights to their inventions...

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Do Non-Compete Clauses Unfairly Handcuff Employees?

Employers today increasingly require their employees to sign a contract promising not to compete for a period of time after they leave a firm...

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Can Patent Pools Overcome Patent Roadblocks?

An arms race in patents. A surge in high-cost patent litigation. And the emergence of unscrupulous patent trolls...

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How Can We Stop Chinese Theft of Intellectual Property?

The latest figures indicate that the total cost of patent infringement, pirated software, counterfeit goods, an theft of trade secrets costs...

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Has the Government Made It Too Easy To Invalidate Patents?

In June of 2016, the United States Supreme Court issued a ruling in one of the most consequential cases affecting the patent system...

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Is Patent Litigation Out of Control?

Critics of the patent system claim we are witnessing an "explosion of patent litigation" unlike any in history...

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Is the Supreme Court Killing Life Science Innovation?

In 2012, the United States Supreme Court in Mayo Collaborative Services v. Prometheus Labs invalidated a patent for an innovative diagnostic test...

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Should Software Patents Be Outlawed?

In June of 2014, The U.S. Supreme Court issued its most consequential decision on the patentability of software...

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Can an Artificial Intelligence Machine Get a Patent or be Sued?

Although the field of Artificial Intelligence (AI) has been around since the mid-1950s, more recently AI has emerged at the cutting edge of modern innovation...

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Should Willful Infringers Pay Enhanced Damages?

Section 284 of the U.S. Patent Act provides that if a defendant has been found to have infringed a patent...