In a recent decision by the Supreme Court in Allen v. Cooper, Governor of North Carolina the Court opined that States are immune from copyright infringement. While the Court noted that Congress may still act to remove this blanket immunity that the States have over copyright infringement, this holding makes clear that States generally have […]
IP Predictions and Wishes for 2020
| Posted in Blog | No commentAt the beginning of a new year, I usually get asked what my predictions are for the coming year. With the beginning of 2020 being also the start of a new decade, I have participated in a survey of IP experts conducted by IPWatchdog, a leading IP blog that I contribute a lot of articles […]
The Annual Intellectual Property Report to Congress: Risking 40% of GDP to Recoup 3%
| Posted in Blog | No commentThe Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC) issued its Annual Intellectual Property Report to Congress this month (“Annual IP Report”). The Annual IP Report details the coordinated efforts of the White House, the Departments of Commerce, Justice, Homeland Security, State, Treasury, Health and Human Services, and Agriculture, the Office of the U.S. […]
Helsinn v. Teva Decision: Secret Sales Qualify as Prior Art under the AIA
| Posted in Blog | No commentThe 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, […]