CHAPTER 1
IP at the Supreme Court 2022–23: A Cornucopia of Decisions
Copyright; Trademarks; Patents
– Felicia J. Boyd

CHAPTER 2
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

CHAPTER 3
Notable Federal District Court Patent Cases and Trends 2022–23
Introduction; Notable District Court Patent Case Developments
– Timothy E. Grimsrud & Lauren J.F. Barta

CHAPTER 4
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

CHAPTER 5
2023 Copyright Update
Introduction; Supreme Court; Recent Cases of Interest; Generative Artificial Intelligence and Copyright
– Ruth Rivard & David Axtell

CHAPTER 6
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

CHAPTER 7
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

CHAPTER 8
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

CHAPTER 9
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

CHAPTER 10
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

CHAPTER 11
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

HARD COPY:  $75
LINKEDLAW:  $125 for 1-year subscription

Bundle and save!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.

Other discounts that may apply:

• Season Pass Discount
• New Lawyer Discount

Quantity discount:
Please email cservice@minncle.org or call 800-759-8840 to inquire about bulk orders.

Take Your Deskbooks to the Next Level With LinkedLaw

Minnesota CLE's Deskbooks, important resources you have known and trusted for decades, are even more valuable with LinkedLaw, an innovative web-based product. LinkedLaw Deskbooks are available 24/7 online, via your computer or mobile device. In addition to being fully searchable, LinkedLaw Deskbooks are linked to primary authorities mentioned in the text. Summon the texts of statutes, rules, and cases with simple mouse clicks. Navigate through the book quickly and easily using the table of contents to jump directly to corresponding pages within the book. 

And, with a LinkedLaw Deskbook subscription you will always have the most current version of the Deskbook at your fingertips. All updates and new editions published during the subscription period are incorporated automatically and seamlessly into the LinkedLaw Deskbook, becoming instantly available at no extra cost.

LinkedLaw Deskbooks have everything you need to research, prepare and evaluate dynamite analysis – and save valuable time in the process!

View All Titles

View Sample

Purchasing LinkedLaw eDeskbook Subscriptions
LinkedLaw eDeskbooks are sold individually on an annual subscription basis and must be purchased online. The price of a LinkedLaw eDeskbook subscription includes all updates and new editions that are published during the subscription period. They are incorporated automatically and seamlessly into the LinkedLaw eDeskbook, becoming instantly available to the user at no extra cost. No action or additional purchase is required during the subscription period to keep the LinkedLaw eDeskbook up-to-date.

Accessing LinkedLaw eDeskbooks
Subscribers have 24/7 access to their LinkedLaw eDeskbooks through their account on the Minnesota CLE website under My Account > eResources & Publications. Access to each LinkedLaw eDeskbook subscription will be available to the subscriber for 12 months from the date of purchase. LinkedLaw eDeskbook subscriptions bundled with a hard copy deskbook end when the next update is published.

Using LinkedLaw eDeskbooks
LinkedLaw eDeskbooks are designed to be user-friendly. Easy-to-use features allow you to navigate quickly through the book, readily search the entire text, and instantly summon the text of primary authorities mentioned in the text. Depending on the device being used, additional features may also be available to you including tools that allow you to copy and paste, zoom in and out, expand the table of contents, view page thumbnails, and more.

Renewing LinkedLaw eDeskbook Subscriptions
Current subscribers to an individual LinkedLaw eDeskbook title can renew their subscription at a specially reduced subscription rate if renewing within the time frame specified.

LinkedLaw Deskbooks can be accessed on any operating system with a supported internet browser and HTML5. The operating system should have 512MB or more of RAM and a single core CPU 2.0 GHz or dual core CPU 1.5 GHz or higher.

LinkedLaw Deskbooks also can be accessed on mobile devices that support HTML5. Some features such as the copy and paste tool may not be available on these devices.

The system is designed to recognize the user's device/platform and load the appropriate version of the LinkedLaw Deskbook.

Test your system by viewing this LinkedLaw Deskbook sample:

View Sample

I understand and agree to the following:

1. The LinkedLaw Deskbook subscription period will extend for one year from the date you submit your credit card payment information. The subscription fee is nonrefundable. Your subscription will not automatically renew, but you may renew at a reduced price if renewing within the time frame specified. The subscription is nontransferable. LinkedLaw Deskbook subscriptions bundled with a hard copy deskbook end when the next update is published.

2. Minnesota Continuing Legal Education grants you a nonexclusive, nontransferable license to access, retrieve, and view the LinkedLaw Deskbook during your subscription period. Sections of the Deskbook also may be cut and pasted into your documents and forms may be downloaded for your use. The LinkedLaw Deskbook is for your personal use only. LinkedLaw contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, copying, sharing, resale, or otherwise, of material obtained from LinkedLaw, except as permitted by the Copyright Act or other law. The compilation of all content in LinkedLaw is the exclusive property of Minnesota Continuing Legal Education and is protected by U.S. and international copyright laws.

3. Disclaimer and Limitation of Liability:

   Any information contained in the materials in LinkedLaw is not legal advice. Non-lawyers should seek the advice of a licensed attorney in all legal matters. Readers should assure themselves that the material in LinkedLaw was current and applicable at the time of the Deskbook's original publication. Obviously, neither Minnesota Continuing Legal Education nor the authors can warrant that the material will continue to be accurate, nor do they warrant it to have been completely free of errors when first published. Readers should verify any statements before relying on them.

   The materials reflect the viewpoints of their authors and do not necessarily express the opinions of Minnesota Continuing Legal Education.

   Minnesota Continuing Legal Education makes no warranties, express or implied, concerning the materials contained in LinkedLaw. Minnesota Continuing Legal Education expressly disclaims all implied warranties of merchantability and of fitness for a particular purpose.

   Minnesota Continuing Legal Education does not warrant that this Website, its services, its servers, or e-mails sent from it are free of viruses or other harmful components. Under no circumstances shall Minnesota Continuing Legal Education be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of this site, or sites to which it links, or from reliance on or use of information, services, software, or merchandise provided on or through this site, or that result from deletion of files, delays in operation or transmission of data, or any failure of performance of the site.

4. Minnesota Continuing Legal Education reserves the right to immediately terminate this Agreement and deny you access to LinkedLaw if you materially breach this Agreement, including but not limited to misuse or unauthorized distribution of the LinkedLaw materials.

5. This Agreement is governed by the laws of the state of Minnesota. If any provision of this Agreement, or its application, shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each other provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Failure by Minnesota Continuing Legal Education to enforce any provision does not waive any further enforcement rights.