LinkedLaw Deskbook
ITEM #:  60098600   |   PUBLISHED:  SEPTEMBER 28, 2023

IP Book 2023

Edited by Stephen R. Baird, Timothy E. Grimsrud & Ruth Rivard

The 2023 IP Book covers case law and developments in all major intellectual property areas. Its easy-to-read style makes it an ideal quick-reference tool that perfectly sums up this year's significant intellectual property law developments.

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IP at the Supreme Court 2022–23: A Cornucopia of Decisions
Copyright; Trademarks; Patents
– Felicia J. Boyd

Federal Circuit Year In Review: 2022–23
Introduction; Section 101; Section 102; Section 103; Section 112; Claim Construction; Post-Grant Procedure; Infringement; Litigation; Remedies; Equitable Doctrines; Trademark; Miscellaneous
– John A. Dragseth

Notable Federal District Court Patent Cases and Trends 2022–23
Introduction; Notable District Court Patent Case Developments
– Timothy E. Grimsrud & Lauren J.F. Barta

Decisions of Interest for PTAB Practitioners for 2022–23
Introduction; Discretionary Denial Based on Fintiv Factors; Multiple Dependent Claims in Inter Partes Review; Declaration Sufficiency; Actions Constituting Abandonment of Inter Partes Review; Abuse of Inter Partes Review Process
– Timothy E. Bianchi & Steven L. Reitenour

2023 Copyright Update
Introduction; Supreme Court; Recent Cases of Interest; Generative Artificial Intelligence and Copyright
– Ruth Rivard & David Axtell

Trade Secrets: Key Developments and Takeaways 2022–23
Introduction; Minnesota Enacted a New Law Rendering Void and Unenforceable Future Covenants Not to Compete; The Federal Government Continues to Target Noncompete and No-Poach Agreements; The Federal Government Increased Efforts to Prevent Theft of Trade Secrets by Foreign Adversaries; The Fifth Circuit Highlighted the Importance of Actual Evidence of Irreparable Harm for a Preliminary Injunction; The Ninth Circuit Affirmed a District Court’s Finding that Mass Employee Departures Were Circumstantial Evidence of Trade Secret Misappropriation; The Trend Toward Significant Damages Verdicts; Recent Cases Reaffirmed the Flexible Approach to Calculating Damages in Trade Secret Cases; Reasonable Royalty Damages Can Be Awarded Even When a Defendant Has Not Put the Misappropriated Trade Secrets to Commercial Use; Courts Continued to Scrutinize Strategically Important Compilation Trade Secrets
– Randall E. Kahnke, Lauren W. Linderman, Matthew E. Burkhart & Bryan K. Washburn

Key Trademark Decisions of 2022–23
Jack Daniel’s Properties, Inc. v. VIP Products LLC, 143 S. Ct. 1578, 2023 U.S. Lexis 2422 (2023); San Antonio Winery, Inc. v. Jiaxing Micarose Trade Co., 53 F.4th 1136 (9th Cir. 2022); Abitron Austria Gmbh v. Hetronic International, Inc., No. 21-1043, 2023 U.S. Lexis 2789 (U.S. June 29, 2023); Bertini v. Apple Inc., 63 F.4th 1373 (Fed. Cir. 2023); Hermès International v. Rothschild, No. 22-cv-384-1, 2023 U.S. Dist. Lexis 17669 (S.D.N.Y. Feb. 2, 2023); Pac-West Distributing NV LLC v. Afab Industrial Services, Inc., No. 19-3584, 2023 U.S. Dist. Lexis 89469 (E.D. Pa. May 22, 2023); H&R Block, Inc. v. Block, Inc., 58 F.4th 939 (8th Cir. 2023)
– Timothy D. Sitzmann & Megan M. Miller

Daniel’s and Spaniels: The Tenuous Relationship Between Trademarks and Free Speech
Introduction; Matal v. Tam, 137 S. Ct. 1744 (2017) and Iancu v. Brunetti, 139 S. Ct. 2294 (2019); The Rogers Test; Fair Use; Jack Daniel’s Properties, Inc. v. VIP Products LLC, 143 S. Ct. 1578 (2023); In Re Elster, 26 F.4th 1328 (Fed. Cir. 2022); Conclusion
– Stephen R. Baird & Jacob M. Abdo

Fraud at the USPTO: Leveraging the New Lower Standard, Mitigating the Risk of Cancellation
Introduction; Opportunities for Fraud at the USPTO; Pleading Fraud; History of Proving Intent on a Fraud Claim; Chutter, Inc. v. Great Management Group, LLC, et al.; Pleading and Proving Reckless Disregard
– Stephen R. Baird & Molly R. Littman

Top 10 Trademark Trial and Appeal Board Decisions for 2022–23
Introduction; Top 10 TTAB Cases of 2022–23
– Wesley D. Anderson & Bradley J. Walz

Developments in European Intellectual Property Law 2022–23
Introduction; The EU Data Act; Artificial Intelligence; Recent Trademark Developments
– Jodi A. Deschane, Huw Beverley-Smith, Jeanine Leahy & Charlotte Perowne

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