IP BOOK 2021 - LINKEDLAW
LinkedLaw Deskbook
ITEM #:  60098600   |   PUBLISHED:  SEPTEMBER 23, 2021
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IP Book 2021

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

The 2021 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 the significant intellectual property law developments of the second half of 2020 to the first half of 2021.

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CHAPTER 1
The Supreme Court Weighs in on Key Intellectual Property Issues in 2020–21: Less Is More
Introduction; Copyright Actions; Trademark Actions; Patent Actions
– Felicia J. Boyd & George W. Jordan, III

CHAPTER 2
Federal Circuit Year in Review 2020–21: Gradual Changes Continue
Introduction; Arthrex at the Federal Circuit; Post-Grant – Can’t Stop this Train; Section 101 – More of the Same; Patent Disclosure – Can the Future Be Seen?; Prior Art Validity: Why so Little?; Claim Construction – Still a Frequent Issue; Inventorship/Ownership: The Trump Card; Venue: Are We Deep in the Hearth of Texas or Not?; Litigation – Another Grab Bag; Conclusion
– John A. Dragseth

CHAPTER 3
The Top 10 Federal District Court Patent Cases of 2020–21
Introduction; Top 10 Federal District Court Patent Cases
– Aaron A. Myers & Niall A. MacLeod

CHAPTER 4
Decisions of Interest for PTAB Practitioners for 2020–21
Introduction: Real Party in Interest and One-Year Bar Precedential Decision; Interplay of Joinder and General Plastic Factors; Discretionary Denial of Institution by the Board; Arthrex and the Constitutionality of PTAB Judges; Guidance on Claim Interpretation and Indefiniteness; Final Rule on Burdens of Persuasion in Motions to Amend; Final Rule to Codify SAS and Eliminate Former Presumption of Institution Favoring Petitioner as to Testimonial Evidence
– Timothy E. Bianchi & Steven L. Reitenour

CHAPTER 5
Key Copyright Developments and Cases 2020–21
Introduction; Key Cases to Know and Watch; New Copyright Law Provisions: Felony Streaming Penalties and the Case Act
– Joel Leviton & Ruth Rivard 

CHAPTER 6
Trade Secrets : Key Developments and Takeaways from 2020–21
Introduction; Federal Circuit Affirmed Denial of Sealing Requests Where Requests Were Overbroad and Unsupported but Later Narrowed; Trade Secret Definition Remains a Critical Dispute; Texas Federal Court Considered Rule 404(b) Prior Bad Act Evidence in a Trade Secret Case; Seventh Circuit Reduced $700 Million Punitive Damages Award to $140 Million to Comport with Due Process; Ninth Circuit Ruled that Refining Trade Secret Identification After Discover Is Permissible; U.S. Supreme Court Resolved Circuit Split on the Scope of the Computer Fraud and Abuse Act, Narrowing the Scope of Conduct Covered by the Statute; Congress Breathes New Life Into Potential Ban of Noncompetition Agreements; California Court Provides Guidance on Viability of a “Threatened Misappropriation” Theory; Illinois Federal Court Analyzes “Heavy” Burden Faced by Trade Secret Defendant Requesting Dismissal on Forum non Conveniens Grounds in Favor of Chinese Court; Illinois Appellate Court Upholds Attorneys’ Fee Award for “Bad Faith” Misappropriation Claim
– Randall E. Kahnke, Kerry L. Bundy, Matthew E. Burkhart & Lauren W. Linderman

CHAPTER 7
Top Ten Trademark Decisions of 2020–21
Introduction; Cases
– Timothy D. Sitzmann

CHAPTER 8
Trademark Modernization Act of 2020
Why Is the Trademark Modernization Act of 2020 Needed?; The Trademark Modernization Act’s Declutter Tools; USPTO’s Proposed Rulemaking and Public Comments; Reinstatement of the Presumption of Irreparable Harm; Conclusion
– Tiffany A. Blofield & Tucker Chambers

CHAPTER 9
Trademark Failure-To-Function Refusals: Informational Matter
Introduction; Informational Matter; Types of Evidence; Conclusion
– Stephen R. Baird & Draeke Weseman

CHAPTER 10
Top 10 TTAB Decisions For 2020–21
Introduction; Top 10 TTAB Cases
– Wesley D. Anderson & Bradley J. Walz

CHAPTER 11
Developments in European Intellectual Property Law 2020–21
Introduction; Key Changes to Intellectual Property in the UK to Be Aware of Following Brexit; Important Recent Trademark Cases in the EU; Recent European Patent Developments
– Huw Beverley-Smith, Charlotte H.N. Perowne, Ethan W. Bell, Jodi A. DeSchane & Ryan L. Duebner

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