Intellectual Property Law Review 2020.

Volume 52

Journal

vii 875 pages ; [28] cm.

0193-4864

US 87

The articles in this year's edition of the Intellectual Property Law Review reflect popular topics in law review articles related to intellectual property during the past year. Patent articles reflect the importance still given to patents and to the freedom to invent and to fairly exploit those inventions. One article remarks on an exceptional statutory provision, 35 U.S.C. § 145, that allows one to pursue a patent directly through a court, rather than through an appeal, if the Patent Office disappoints. Another article warns of politicization of the Patent Office, which is seen as undertaking a power grab through the America Invents Act provisions, and begging to be reined in. Still another article discusses Amazon's new efforts to combat patent infringement by counterfeit merchandise on its robust marketplace platform. Articles are also included on recent hot patent litigation subjects. One article is directed to the disgorgement remedy for design patent infringement a topic brought to light in the much talked-about Apple v. Samsung litigation. Another article discusses the Supreme Court's recent decision in Helsinn Healthcare S.A. u. Teva Pharmaceuticals, USA, Inc., holding that secret sales of an invention more than a year before filing of a patent application on the invention still bar patentability, even under the terms of the America Invents Act. And another article seeks a better way to patent software and avoid the abstract idea doctrine. The articles about trademarks reflect recognition of the significant economic value of trademarks and a desire for fairness in the marketplace. One article discusses disparity in the trademark system whose expansion favors large companies and has led to trademark bullying. Another article discusses how unlawful use of a trademark cannot result in or sustain a legitimate trademark. Another article expresses concern about negative connotations associated with the term "consumer" commonly used in trademark jurisprudence. And still another article discusses the need for and use of surveys in trademark infringement and dilution litigation.

Danvers, MA, USA : Thomson Reuters, 2020.

English