Intellectual Property and Technology News — Q4 2013

By Darius C Gambino

People always say time flies when you’re having fun, and my tenure as editor of the Intellectual Property and Technology News sure seemed to pass by quickly. We saw a lot of activity in the past year — most notably, the implementation of the America Invents Act. Whether the availability of post-grant proceedings will change the landscape of patent enforcement in the US remains to be seen, but with more than 500 post-grant actions filed since inception, it certainly appears litigants are jumping into these proceedings with both feet.

As we explore further in this issue, patent litigation is still the primary choice for enforcement. However, the focus appears to be moving away from Texas and toward Delaware. Who knows? By this time next year, we may be talking about a shift towards the Patent Office.

In addition to our spotlight piece on Delaware, we present our final instalment of Trade Dress Watch in this issue, where we examine the very interesting concept of counterfeit trade dress. We also review some recent amendments to Chinese trademark law that could have significant implications for global brand owners. Finally, we spotlight the key intellectual property cases now before the Supreme Court, including Petrella v MGM, dealing with the rights to the movie Raging Bull. Although this is a copyright case, the court may take this opportunity to redefine the doctrine of laches with respect to all types of intellectual property claims, so keep your eye on this one…

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