Intellectual Property

Intellectual property (IP) rights are the legally recognized exclusive rights to creations of the mind. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets.
Posts about Intellectual Property
    • U.S. Golf Manufacturers Council Submits Amicus Brief on Inter Partes Review

      On October 26, 2017, the U.S. Golf Manufacturers Council (USGMC) filed an amicus curiae brief in the Supreme Court in support of the respondents in Oil States Energy Services v. Greene’s Energy Group, arguing that the inter partes review proceedings through which the U.S. Patent and Trademark Office cancels invalid patents plays a vital and successful role in ensuring patent quality.

      Brann & Isaacson- 9 readers -
    • U.S. Golf Manufacturers Council Submits Amicus Brief on Inter Partes Review

      On October 26, 2017, the U.S. Golf Manufacturers Council (USGMC) filed an amicus curiae brief in the Supreme Court in support of the respondents in Oil States Energy Services v. Greene’s Energy Group, arguing that the inter partes review proceedings through which the U.S. Patent and Trademark Office cancels invalid patents plays a vital and successful role in ensuring patent quality.

      Brann & Isaacson- 7 readers -
  • “Place of Business” Means Place of Business, Says Federal Circuit

    … not, in this instance, satisfy the test. Thus, transfer out of the Eastern District of Texas was required. We hope this clear order of the Federal Circuit will bring clear order to the application of TC Heartland—and that courts will hew more closely to the Supreme Court’s understanding of the patent venue statue as limiting where a corporate defendant may be sued for infringement. The post “Place of Business” Means Place of Business, Says Federal Circuit appeared first on Brann & Isaacson. …

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • Peter Brann Again To Offer Course At Harvard Law School

    … Partner Peter Brann will once again be co–teaching a class at the Harvard Law School as a Lecturer in Law during the Fall 2017 term on “The Role of the State Attorney General” with James Tierney, the former Maine Attorney General. Brann and Tierney have been teaching this class at Columbia and Harvard Law Schools for the past several years…

    Brann & Isaacson- 14 readers -
  • Oil States Versus The Administrative State

    … presented to the Supreme Court is: Whether inter partes review—an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents—violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury. Oil States frames the issue as one of overreaching by the PTO…

    David Swetnam Burland/ Brann & Isaacson- 16 readers -
  • B&I Partners Assist Microsoft In Ending Patent Case

    … Partners Stacy Stitham and Peter Brann, acting as local counsel, assisted Microsoft in obtaining a dismissal with prejudice of a patent lawsuit filed in the District of Maine. While the federal lawsuit was pending, Microsoft invalidated the patent in the Patent and Trademark Office (PTO), which was then affirmed on appeal. The plaintiff sought…

    Brann & Isaacson- 11 readers -
  • Brann & Isaacson attorneys selected for The Best Lawyers in America© 2018

    …. Lund, Corporate Law; Real Estate Law; Peter. J. Brann, Commercial Litigation; Litigation—Intellectual Property; Litigation—Patent; and Daniel A. Nuzzi, Litigation – Labor and Employment. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists…

    Brann & Isaacson- 14 readers -
  • Texas Welcomes TC Heartland

    … sufficient to overcome a waiver of the venue issue if not raised and preserved properly. That was the conclusion of judges in both the Northern District of Texas (iLife Techs., Inc. v. Nintendo of Am., Inc., 3:13–cv–4987 (N.D. Tex. June 27, 2017)) and Eastern District (Elbit Sys. Land v. Hughes Network Sys. LLC, 2:15–cv–37 (E.D. Tex. June 20, 2017…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • Supreme Court’s Federal Circuit Reversal Streak Continues

    … The 2016 Term of the Supreme Court has not been kind to the Federal Circuit Court of Appeals, the specialized appellate court that handles all patent appeals. In each of the six patent cases from the Federal Circuit decided by the Supreme Court, reversal was the result. Specifically, the high court: Reversed the Federal Circuit on the proper…

    David Swetnam Burland/ Brann & Isaacson- 17 readers -
  • Brann & Isaacson A Leading Support Of Campaign For Justice

    … Brann & Isaacson is proud to be a strong supporter of the Campaign for Justice in Maine. Though not one of the larger Maine law firms, B&I punched above its weight, giving the sixth–highest, per–lawyer average award in the State. The Campaign for Justice assists adults and children in the state who cannot obtain access to justice…

    Brann & Isaacson- 8 readers -
  • TC Heartland: A View from the (Supreme) Courtroom

    … presented by this case is one that everyone in the patent world has been talking about breathlessly for several years, apparently, not everyone is as excited about patent venue as we are. Most of the lawyers in the audience attending the argument were there for the first case instead–an ERISA case no less, so that tells you the level of enthusiasm. After…

    David Swetnam Burland/ Brann & Isaacson- 14 readers -
  • Big Week For IP In The Supreme Court

    … dissented. Finally, on Monday, the Supreme Court will hear oral argument in TC Heartland v. Kraft Foods Group Brands, a case with the potential to shut the doors on patent forum–shopping. In its write–up of the case today, “High–Court Case to Challenge Jurisdiction ‘Shopping’ in Patent Suits, the Wall Street Journal quoted IP Wise’s Peter Brann on the potentially “dramatic effect” on patent troll litigation of a TC Heartland victory. The post Big Week For IP In The Supreme Court appeared first on Brann & Isaacson. …

    David Swetnam Burland/ Brann & Isaacson- 11 readers -
  • Patent News Grab–Bag

    … management conference; and (2) to exchange damages contentions within 50 days after the service of invalidity contentions. The foregrounding of damages information is a welcome development, as it will enable judges to better oversee discovery that is proportionate to the value of the case. This move will make it harder for patent trolls to use…

    David Swetnam Burland/ Brann & Isaacson- 8 readers -
  • What Happens In East Texas Definitely Doesn’t Stay There

    … This week has witnessed once again the oversized impact the Eastern District of Texas has in patent litigation—after all, that district was home to 44.2% of all patent cases filed in 2015 and 35.4% of all patent cases filed in 2016, with Judge Rodney Gilstrap presiding over an astounding one–quarter of all patent cases filed since 2014…

    David Swetnam Burland/ Brann & Isaacson- 19 readers -
  • Peter Brann To Teach At Harvard Law School

    … Partner Peter Brann will be co–teaching a class at the Harvard Law School as a Lecturer in Law during the Spring 2016 term on “The Role of the State Attorney General” with James Tierney, the former Maine Attorney General. Brann and Tierney have been teaching this class at Columbia and Harvard Law Schools for the past several years. Brann, who…

    Brann & Isaacson- 11 readers -
Get the top posts daily into your mailbox!