Living in a Post-AIA, Post-Alice World
This InfoPAK provides an overview of recent developments in the patent litigation landscape.
This InfoPAK provides an overview of recent developments in the patent litigation landscape.
Digital communications and electronically stored data come with inherent vulnerabilities and the potential for employer liability. Harnessing the power of the digital age while controlling workplace risks is a challenge. The notion of electronic communications and social media in the workplace has changed drastically over the past decade, morphing from activities employers often sought to limit to required activities of one’s job in many occupations, including those that will help grow the business. This InfoPAK covers laws impacting privacy and data security and best practices for reducing workplace information risk. It also discusses the particular benefits and risks of the company’s use of social media and social networking technologies. Finally, it looks at the issues in employment litigation arising out of digital information and communications.
Panelists are expected to address a number of patent prosecution issues that in-house counsel continue to struggle with, either when dealing with their own outside patent counsel or addressing these issues directly on their own. These issues include: strategies for filing a U.S.-based application or Patent Cooperation Treaty at the outset; proper claim construction; nuances for filing under the AIA and any changes they have seen in prosecution under the America Invents Act; and practical tips for foreign filing strategies, etc. Exercises in claim construction and foreign filing considerations (e.g., a road map to key countries, and why or why not a company should seek protection outside the United States in Europe, Asia, South America) are expected.
Sound marks, holographic marks, three dimensional marks, scent marks and other non-traditional trademarks have become an important means for marketing departments to build and exploit their company’s brand — in addition to logos, phrases and other more traditional marks. In-house counsel need to stay informed about developments in non-traditional marks in order to keep up with business realities and protect their company’s interests. Many countries have regimes that regulate non-traditional marks, and understanding the procedures required to protect a brand’s unique shapes, sounds and smells can provide an important competitive advantage. This program will address: (1) the types of non-traditional marks that may currently be registered, and what lies ahead; (2) clearance procedures; (3) applications to register; and (4) enforcement proceedings.