02 Apr’21

Digital Intangibles: How NFTs Transform the World of Art and Sports Memorabilia

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The utilization of blockchain within the digital art environment is a new and rapidly growing application of the technology to enable ownership and authentication of intangible works of art. Historically, physical pieces of art could be bought, sold and authenticated based on the documentation that accompanies the work (known as provenance). The authentication process relies […]

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29 Mar’19

Fair Use: Friend or Foe?

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Several months back in an article discussing Brand Extendibility, I touched on a humorous exchange between In-N-Out Burger and a microbrewery regarding some obvious trademark infringement. In that case, the burger chain’s attorneys decided to approach the situation in a light hearted manner, issuing a pun-filled cease and desist notice. Earlier this month, however, the […]

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30 Jan’19

Carrots and Coins: The 2018 IP Valuation Year in Review:

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A lot has been written on the impact of the new leadership at the USPTO on the value of patents.  Since his appointment in early 2018, Director Andrei Iancu has managed to introduce new initiatives that increase transparency and uniformity in how the USPTO and the courts interpret patent claims and validity challenges, reforms that […]

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29 Jan’19

Helsinn v. Teva Decision: Secret Sales Qualify as Prior Art under the AIA

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The Supreme Court issued its decision on Helsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc. on January 22, 2019, upholding and applying the pre-AIA on-sale precedent to post-AIA matters. This holding establishes that a sale or offer to sell, including secret sales and sales that do not publicly disclose the details of the invention, […]

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