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08.29.18
How Increasing Federal Circuit Patent Scrutiny Under 35 USC 112 Impacts Applicants and Owners
By Procopio Partner Miku H. Mehta A recent decision by the Court of Appeals for the Federal Circuit provides new evidence of an increasing scrutiny of the claims and specifications for patents and pending applications under 35 USC 112, particularly with respect to enablement. This Federal Circuit trend, occurring simultaneously with a similar increase in focus on enablement by the U.S. Patent and Trademark Office, potentially impacts the survivability of many patent claims in current and ...
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08.23.18
New Export License Conditions Have Been Imposed by the U.S. Government: What You Need to Know
By Procopio Senior Associate Michael C. Jones A significant new obligation has been applied by the U.S. government on many exporters, but it’s entirely likely those companies are unaware that this obligation is being provided on the face of granted licenses. In working with the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), we’ve learned of a new mandatory license condition requirement being attached to all deemed export licenses issued going forward beginning ...
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08.09.18
3 Things to Consider When Offering an Employer-Sponsored Wellness Plan or Activity
By Procopio Attorney Amber Gardina-Quintanilla Corporate wellness programs such as smoking cessation, weight loss, and fitness activities can be great ways to build employee morale, improve the overall fitness of employees, and cut costs associated with health problems that can be caused by inactivity. However, an employer that implements these programs poorly could face liability for a range of problems, from personal injury to privacy violations. Keeping three simple guidelines in mind ...
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08.07.18
Is Your Trademark Application Assignment Proper? Intent-To-Use Trademark Applications, Part Two
By Procopio Partner Pattric J. Rawlins and Associate Rosie Kim You understand the importance of protecting your new product or service with a trademark, and thanks to our Part One article on the subject, you also learned several keys to filing an application with the U.S. Patent and Trademark Office (USPTO) that outlines your intent-to-use the mark. It’s equally important to ensure that you’ve listed the right “Applicant” on that intent-to-use trademark application, and we’ll di...
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07.27.18
U.K. Promises to Protect All Existing E.U. Trademarks Post-Brexit
By Procopio Partner Lisel M. Ferguson To say that uncertainty remains over exactly what the European trade and commerce landscape will look like once the United Kingdom (UK) completes its “Brexit” from the European Union (EU) would be an understatement. That said, developments are starting to appear positive for trademark owners seeking protection in both the UK and EU. While the U.K. government’s official Brexit blueprint released in mid-July made no mention of trademarks, a key me...
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07.26.18
Thinking of Relocating Your Business? The City of San Diego May Pay You to Stay
By Senior Associate Justine K. Nielsen and Associate Sara G. Neva In an effort to attract and retain high-performing companies, the San Diego City Council this week revamped its 25-year old Business and Industry Incentive Program, which provides substantial development and business incentives for private capital improvement investments. Entrepreneurs throughout the region will want to make themselves familiar with the new program. The original program—which helped incentivize larger...
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07.18.18
Patent Owners Still Need a Sound IP Roadmap to Survive Inter Partes Review Challenges
By Procopio Partner Noel C. Gillespie Recently, there have been several positive events for patent owners with respect to the Inter Partes Review (IPR) process created as part of the America Invents Act (AIA). While these developments are welcome, the IPR process will remain flawed and biased against inventors and the innovation economy until the lower burden of proof required to invalidate a claim in an IPR is addressed. It is therefore important to understand the threat to your IP portf...
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07.16.18
Is Your Intent Bona Fide? Intent-To-Use Trademark Applications, Part One
By Procopio Partner Pattric J. Rawlins and Associate Rosie Kim So you are planning to hit the market with a new product or service, and you have an awesome idea for a unique brand. You know it’s important to protect that brand with a trademark. However, do you also know how important it is to make sure that your trademark application properly captures the correct owner of the mark and that you have appropriate documentation regarding your intent to use the mark? In this article—th...
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07.12.18
4 Tips for Employers Who Allow Employees to Use Their Personal Electronic Devices for Work
By Procopio Senior Associate Olga Savage It is a growing trend, one that may already be occurring at your company. Employers are implementing policies and practices that permit, or even require, their employees to use their personal electronic devices (e.g., laptops and smartphones) and data services (e.g., backup and file-sharing software) for work-related purposes. The appeal of such Bring-Your-Own-Device (BYOD) practices for both employers and employees is undeniable. Employers avoid t...
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07.09.18
What to Do About Union Dues? Janus, SB 866 and Charter Schools
A recent landmark decision by the U.S. Supreme Court, Janus v. AFSCME, struck down California state laws that force public employees to pay even a percentage of union dues on the grounds that this “violates the free speech rights of nonmembers by compelling them to subsidize [the union’s] private speech on matters of substantial public concern.” As a practical matter, the Court’s ruling empowers employees who were previously held hostage to opt out of paying any union dues. This could...
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