The importance of expert evidence in IPR petitions, art appropriation in the news, and more in the February 2016 issue of IP Buzz

3 min

The Importance of Submitting Expert Evidence with a Petition for Inter Partes Review

Author: Fabian M. Koenigbauer

Recent Federal Circuit decisions demonstrate the significance of expert testimony in connection with a petition for inter partes review (IPR), including the need to identify and provide supporting expert evidence at the time of filing. Two recent Federal Circuit decisions illustrate that IPR petitions need to be robust and include all of the information necessary to establish the unpatentability of the challenged claims.

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Art Appropriation Redux

Authors: Joshua J. Kaufman, Thai X. Nguyen

Art appropriation is back in the news. Art appropriation cases are by their nature decided on a case-by-case basis. One must look at the artwork and determine how the incorporated third-party artwork, or the celebrity image or trademark, is used in order to determine whether an infringement or fair use is present. In the area of art and law, tread carefully and get expert advice. It's better to be safe than sorry.

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Review of Intellectual Property Litigation Trends over 2015

Authors: Gianna E. Cricco-Lizza and Todd M. Nosher

Lex Machina published a report on litigation trends through 2015 across, patent, copyright, and trademark fields. The report notes an unexpected spike in patent filings in the last quarter because of parties seeking to avoid application of certain changes to the Federal Rules of Civil Procedure that became effective on December 1, 2015. Further, although venue choices plaintiffs made and trademark litigation remained consistent, other intellectual property disputes have decreased.

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The Annual Checkup

Gregory J. Sater's article, "The Annual Checkup," was published in the January 2016 issue of Electronic Retailer Magazine. The article focuses on sellers of direct-to-consumer products and how important it is to have a regular legal checkup to cover certain issues that could become problems if unattended.

Upcoming Events:

Meaghan Kent Will Participate in "Protecting Against Counterfeits" at Toy Fair 2016

Sunday, February 14, 2016 | 9:30 - 10:30 a.m. ET

Jacob K. Javits Convention Center
655 W 34th Street
New York, NY 10001

Join Venable Counsel Meaghan Hemmings Kent at the 2016 Toy Fair in New York City for her presentation, "Protecting Against Counterfeits." Toy Fair is the largest international toy trade show in the western hemisphere where the newest and hottest products in the children's entertainment marketplace are exhibited. It is the premier meeting place for all businesses involved in creating and bringing toys and youth entertainment products to kids of all ages.

Click here for more information on Toy Fair 2016 and to register for the event.

Join Us for a Cocktail Reception at the AUTM 2016 Meeting

Tuesday, February 16, 2016 | 6:30 - 8:30 p.m. PT

Seasons 52
789 West Harbor Drive
San Diego, CA 92101

Please join the Venable team (Henry J. Daley, Ph.D., Keith G. Haddaway, Ph.D., F. Brock Riggs, Miguel A. Lopez, Ph.D., and Laura G. Remus, Ph.D.) for a cocktail reception during the Association of University Technology Managers (AUTM) 2016 Meeting in San Diego, CA.

Click here for more information and to register.