Provisional applications, revision to California patent rules, and more in this issue of IP Buzz

Venable Team Secures Attorney's Fees for NobelBiz Following Post-Judgment Litigation

On February 2, 2017, the U.S. District Court for the Eastern District of Texas granted NobelBiz's motion to register the approximately $2.2 million in judgments against TCN and Global Connect and granted NobelBiz's motion for its attorney's fees incurred in the post-judgment period. Following the September 2016 ruling confirming NobelBiz's earlier jury trial victory, the Court also determined that defendants transferred assets and engaged in behavior that warranted an increased bond amount.

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Long Live Provisional Applications?

Following the enactment of the America Invents Act, many legal scholars pondered the effect that the switch from the "first-to-invent" system to the "first-inventor-to-file" system would have on the filings of provisional applications. For example, would the prevalence of provisional applications increase in the race to the U.S. Patent and Trademark Office (USPTO) under the "first-inventor-to-file" system? A recent Federal Circuit decision may offer guidance to Applicants who regularly rely on provisional filings.

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Northern District of California Revises Local Patent Rules, Requires Damages Disclosures Early and Often

Damages discovery in patent cases is usually contentious, expensive, and non-uniform in application by the courts. The patent owner, on one hand, wants to discover all possible revenue streams for settlement and resource allocation. The accused infringer, on the other hand, wants to minimize disclosure, because of the sensitivity of financial information and the belief that the suit is meritless. And the courts are caught in the middle. The Northern District of California's recently revised local patent rules reduce much of this uncertainty by requiring damages disclosures early and often.

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Who Says Cease and Desist Letters Have to Be Dull?

Everyone in advertising law eventually sends or receives a demand letter challenging the basis for an advertising claim. Usually, these are dull form letters. However, every now and then these letters show a spark of genius. Take, for example, a recent letter from the GC of Harry's to a competitor suggesting that the advertisement in question contained a typo, and providing an edit that would fix the error.

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Advertising Law Tool Kit - Brand Protection

Managing and protecting a brand in today's global marketplace are among the largest challenges brand owners face. In the current edition of the firm's Advertising Law Tool Kit, Venable partners Marcella Ballard, Roger Colaizzi, Josh Kaufman, and Justin Pierce provide best practices that brand owners can implement to minimize the impact of counterfeits, knockoffs, and diverted product.

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Natural Products Expo West/Engredea 2017

March 11, 2017 | Anaheim, CA

On March 11, 2017, Justin Pierce and Andrew Pratt will present on a panel discussion titled "Protecting Your Brand and Company Reputation – Best Practices in Fighting Food or Ingredient Fraud," during Natural Products Expo West.

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