Episodes
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Patent trolls are not new. However, after many years in the spotlight, legislative and judicial action has pushed patent trolls toward the shadows. In this episode, McDermott IP partner Nathan S. Smith welcomes Chris Bright, an IP partner in McDermott’s Orange County office, to update us on the effects of legal developments affecting patent trolls, litigation trends and what may happen next. Among other topics, they discuss reasons why the patent troll industry may try to re-enter the limelight with patents relating to the Internet of Things (IoT). As always, the podcast begins with a discussion of recent IP headlines from around the world with Sarah Bro.
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The Unified Patent Court (“UPC”) has been 50 years in the making. Until just recently, with much of the groundwork already laid, implementation appeared to be only two years away. In this episode, McDermott IP partner Nathan S. Smith welcomes Henrik Holzapfel, an IP partner in McDermott’s Düsseldorf office, to discuss how an individual hit the brakes on the UPC by filing a constitutional complaint in Germany, single-handedly adding several years to the UPC ratification process. They discuss the implications of this extraordinary development and what we can expect going forward. And as always, the podcast begins with a discussion of recent IP headlines from across the world with Sarah Bro.
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Missing episodes?
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The Defend Trade Secrets Act of 2016 (DTSA) created a valuable new tool for protecting intellectual property: a federal cause of action for trade secret misappropriation. With a year’s worth of experience under this new law, McDermott IP partners Natalie Bennett and Nitin Gambhir discuss the contours of the DTSA, lessons learned through litigation, and how the DTSA case law is developing. The podcast begins with Nathan S. Smith and Sarah Bro, who discuss various IP headlines from across the world.
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The US Supreme Court’s recent term made waves in several areas of intellectual property law. In this episode, McDermott IP partner Nathan S. Smith and colleague Barrington E. Dyer discuss five of the top IP cases from the Supreme Court with several McDermott partners. These cases cover the disparagement clause of the Lanham Act (Lynne Boisineau), venue in patent cases (Fabio Marino), extraterritoriality of patent law (Robert Underwood, PhD), patent exhaustion (Sarah Chapin Columbia), and copyright protection for features of useful articles (Sarah Bro). The podcast begins with Sarah Bro, who shares some recent IP headlines from across the world.
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China has long been a coveted region of interest for intellectual property (IP) owners, and recent legislative and judicial changes are making China more IP-friendly than ever before. In this episode, McDermott IP partner Nathan S. Smith and colleagues from MWE China, Wendy Wu and Ya-Chiao Chang, discuss several of the major changes and recent Chinese Supreme Court actions affecting the patents and trademarks in China, as well as issues to watch for in the near future. The podcast begins with Mandy Kim, who shares some recent IP headlines from across the world.
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An international panel of McDermott’s US and European lawyers compare and contrast recent developments in trademark, copyright and design law, including developments in disparagement law, separability in copyright, US and European enforcement strategies, use of name in trademark, and use in commerce requirements.
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The exclusivity provided through patent protection has never wandered far from the long shadow cast by antitrust regulations and concerns. In this episode, McDermott IP partner Nathan S. Smith and colleague Will Diaz discuss some of the major issues that counsel and companies should consider when they find themselves on either end of a patent litigation. In addition, they discuss some antitrust issues to keep in mind in the intellectual property context. The podcast begins with Sarah Bro, who shares some recent IP headlines from across the world, and concludes with Barrington E. Dyer, who discusses recent cases that address exceptions to the Noerr-Penningtong doctrine, which can shield companies from antitrust liability when filing a patent lawsuit.
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Section 101 of the patent statute provides a fundamental threshold for the types of inventions that can be patented. In this episode, McDermott IP partner Nathan S. Smith and colleague Marc E. Brown examine what makes one invention eligible for patent protection while another is not, especially in the context of computer software. They discuss the precedents that influence how courts and the U.S. Patent and Trademark Office determine patent eligibility and outline strategies companies can use to promote and protect IP assets. The podcast begins with Sarah Bro sharing some recent IP headlines from across the world, and concludes with Barrington E. Dyer summarizing two Federal Circuit cases that deal with Section 101 issues.
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The impact of the America Invents Act is still being felt today after more than five years have passed since it was signed into law. In this inaugural episode, McDermott IP partner Nathan S. Smith discusses some of the strategic considerations of a key component of the AIA – inter partes review (IPR) proceedings – with IP partner Kenneth C. Cheney, who is one of many McDermott attorneys representing clients in post-issuance patent challenges before the United States Patent and Trademark Office’s Patent Trial & Appeal Board (PTAB). Barrington E. Dyer will also summarize recent decisions by the PTAB and Federal Circuit that continue to shape these proceedings. Finally, Sarah Bro will share some of the recent IP headlines from across the world.