Protecting software with copyright tools, trademark and copyright developments around the world, and more in this issue of IP Buzz

4 min

Timely Insight:

Post-Grant Perspectives

Venable's Post-Grant Practice Group is comprised of experienced patent attorneys – individuals who are not only seasoned and licensed U.S. Patent and Trademark Office (USPTO) practitioners, but also veteran patent litigators. We have years of experience prosecuting patent applications, as well as handling reissues, re-exams, ex parte appeals, and interferences before the USPTO.

Our team authors Post-Grant Perspectives, a blog providing timely updates on the latest decisions, best practices, important analyses and insights, and practical implications for your world.

Read our latest post, Federal Circuit Clarifies That Decisions on Time Bar Cannot Be Appealed.

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Copyright Tools for Protecting Software

Authors: Justin E. Pierce and Tyler Hale

For businesses that run on software, protecting Intellectual Property is even more important than locking the office door at night. IP protection in the United States comes in many forms, including patents, trademarks, copyrights, and trade secret laws. Patents are considered the gold standard in IP, largely because they protect inventive concepts and are not limited to specific expressions. However, software companies should think beyond patents when protecting their IP, especially since the Supreme Court's Alice Corp. v. CLS Bank International decision limited the field of software patentability, and the Post-Grant Review system installed by the America Invents Act invalidates software patents by the day. Click here to continue reading.

Digital Rights Review: Summer 2016 Federal Copyright and Trade Secret Legislation Update

Authors: Armand J. (A.J.) Zottola and Christopher J. Kim

Since the Summer/Fall 2015 Update, Congress has been active in the digital rights space, passing legislation with important implications for both copyright and trade secret law. In addition to the groundbreaking Defend Trade Secrets Act of 2016, the 114th Congress enacted the Trade Facilitation and Trade Enforcement Act, which enhances the procedures used to protect Intellectual Property rights at U.S. ports and borders. Congress also has proposed copyright legislation that would establish the Copyright Office as an independent agency in the legislative branch, and change how performance royalties are distributed to record producers. And, proposed trade secret legislation would protect trade secrets amid an overhaul of certain clauses in form contracts. Click here to continue reading.

Key Trademark and Copyright Developments Around the World: Implications for Nonprofits in China, Europe, Cuba, and Beyond

Presenters: Jeffrey S. Tenenbaum, Andrew D. Price, and Justin E. Pierce

The operations of U.S.-based nonprofits extend far beyond our borders, meaning that trademarks and copyrights are being used in foreign countries where Intellectual Property rights are very different from those in the United States.

This program focuses on some of the latest developments in trademark and copyright law and procedures around the globe, including in China, the EU, and Cuba, and their impact on U.S.-based nonprofits. Click here to view the program.

New Arrival:

Robert Isackson, Experienced First Chair IP Litigator, Joins Venable's New York Office as Partner

Mr. Isackson joins Venable from Orrick, Herrington & Sutcliffe LLP, where he was also a partner.

With a focus on patent and trade secret disputes and commercial disputes over technology issues, Mr. Isackson has served as lead counsel in more than 40 federal cases and represented plaintiffs and defendants before the Patent and Trademark Office and international arbitration tribunals. His work has involved some of the most complex technologies for leading companies, ranging from Fortune 100 multinationals to emerging start-ups. He also has a remarkable history of handling exceptional case attorney fee issues, obtaining awards totaling more than $13 million, fending off claims against clients, and transferring patent cases to more client-friendly forums.

In the Spotlight:

Venable Art Law Group and Joshua Kaufman profiled by the National Law Journal

The National Law Journal recently profiled Venable's newly launched Art Law Group and partner Joshua Kaufman, who co-chairs the group with partner Michele Mulrooney. The group is described as "one of the few dedicated and comprehensive art law groups in Big Law."

The article highlights Kaufman's collection of art that he displays in his office and how, earlier in his career, he helped define before the U.S. Supreme Court the concept of "work-for-hire" as it relates to artists. Partner Tamany Vinson Bentz, who has worked with Kaufman on several matters, told the National Law Journal that Kaufman's "background as an artist helps him think creatively as a lawyer and connect with his clients."

Upcoming Event:

Join Us for an Art Collectors' Forum in Los Angeles

Please join Venable's Art Law Group as they welcome a world-renowned contemporary art collector, Sotheby's Senior VP in Los Angeles, and one of the city's top art consultants as they discuss acquisition and de-acquisition issues facing the sophisticated collector. Moderated by Venable partners Joshua Kaufman and Michele Mulrooney, our panelists will cover the full considerations of collecting fine art.