Articles

Recent Articles

A Guide to Federal Preemption of Business & Professions Code Section 17200
by William Brutocao
LexisNexis® Emerging Issues Analysis, September 2009

You Better Shop Around
by Michael F. Fedrick
Corporate Counsel, June 2009

Protect Your Green
by Michael F. Fedrick
Published on cleangreenguy.com
Copyright 2009

VARA and CAPA: Lessons from the Twitchell Case
by William J. Brutocao and A. Eric Bjorgum
Intellectual Property Today, September 2008

Single Publication Rule and California Civil Code ?3344: Miller v. Collector’s Universe, Inc.
by William Brutocao
LexisNexis® Expert Commentaries, December 2007

Google's Street View: Is Personal Privacy at Risk?
by Robert J. Rose & Marc A. Karish
The National Law Journal, October 29, 2007

Understanding, Drafting and Using Non-disclosure Agreements
by Kristin C. Hiibner
Pharmaceutical Law Insight, May 2007

His Expert Opinion: Patents and Physics Make Great Partners
by Alaina G. Lavine
American Physical Society News, April 2007

China and Your Client's Intellectual Property
by Michael F. Fedrick
Copyright 2007

In My Place: Personal Jurisdiction and Venue in US Patent Litigation
by William J. Brutocao
Patent World, February 2007

Pitfalls for the Foreign Practitioner
by Jeffrey G. Sheldon and Timothy H.P. Richardson
Patent World, June 2006

Archives

PATENTS

1. A New Regime for Process Patents in the U.S.
2. Coping with the Berne Convention
3. Damages in Patent Suits (And Table of Contents)
4. Design Patents: Protecting Against Knockoffs
5. Documentation for Inventors
6. Does the Attorney-client Privilege Extend to Patent Attorneys?
7. First to File V. First to Invent: a Bone of Contention in the International Harmonization of U.S. Patent Law (And Table of Contents)
8. Genetic Engineering and the Patent Office - Article 1
9. Genetic Engineering and the Patent Office - Article 2
10. Inequitable Conduct Before the Patent and Trademark Office
11. "Means" Clauses in Patent Claims
12. Medical Patents in the United States (And Table of Contents)
13. Noninfringing Sales of Infringing Medical Device - Lilly v. Medtronics
14. Obtaining Patents for Manufactured Products of Naturally Occurring Substances
15. Patent Cooperation Treaty Creates New Horizons
16. Should I Get My Design Patented?
17. Questions re the Effect of Federal Circuit Decisions on Patent Litigation
18. What Is a Patent?
19. In re Durden Comes Full Circle: the Effect of the Biotechnology Process Patent Act and Recent Federal Circuit Cases on Biotechnology Process Patents

Trademarks

1. Cost Conscious Procedures for Challenging a Competitor's Trademark Registration or Patent
2. How Distinctive Is It? ... the Inherently Distinctive Test as Applied to Trademarks, Service Marks and Product Designs
3. Introduction to Trademarks
4. Licensing a Trademark? Beware of the Franchise Laws
5. McDonald's Corp. v. Arche Technologies, Inc.: Trademark Dilution Without Tarnishment
6. Parody No Automatic Defense to Trademark Infringement
7. Product Liability of Trademark Licensors
8. Product Makers Can Protect Their Trade Dress
9. Selection and Protection of Trademarks (And Table of Contents)
10. State and Federal Trademark Law
11. The "Prior Use" Defense in Trademark Infringement Loses its Vitality
12. Trade Dress and Unfair Competition: Who Has the Rule Book?
13. Trademark Coverage for Promotional Materials
14. Trademark Families
15. Trademark Infringement Liability Gets Real Personal
16. Trademark Law Revision Act: Important Changes in Federal Trademark Law
17. Trademarks and Merchandising Rights
18. Trademarks in the United States
19. Use of Personal Name as Trademark Can Be Rewarding, Yet Risky

Copyrights

1. Copyright Protection for Computer Software - What Exactly Is Protected?
2. Copyright Registrations: Easy to Get but Not Always Upheld
3. Illegal Immigrants

General

1. Customs Valuation, Transfer Pricing, and Accountants
2. Do You Own the Software You Paid for?
3. False Patent, Trademark, and Copyright Applications a Predicate Act under Rico?
4. Intellectual Property Checklist for Ventures in the New Millenium
5. Litigators, Choose Your Sanctions
6. Looking Through the "Rear Window"
7. Minimizing Exposure: Corporate Formalities and Insurance Coverage
8. Obligations and Rights of an Individual - Competing with an Ex-employer
9. Sue First or Negotiate? (Shoot First and Ask Questions Later?)
10. The Relationship Between Patents, Trademarks, Copyrights, and Trade Secrets