Publications


10/21/2014 FDA Throws the (Purple) Book at Biosimilars - Purple v. Orange
07/25/2014 Corporate Disputes Guest Article: Corporate Disputes: Inter Partes Review in Patent Disputes
07/24/2014 Turning Lemons into Lemonade: Insurance Coverage Lessons Learned from Heartland Payment Systems
06/21/2014 The IP Beacon, June 2014
06/20/2014 Forcing Patent Owners to Fess Up: Proposed PTO Rules Regarding “Attributable Owners”
06/20/2014 Supreme Court Hedges Risk for Defendant CLS Bank on Business Method Patentability; Net Effect on All Business Method Patents Remains Unclear
06/20/2014 Supreme Court to Determine Legality of TV Retransmissions Over the Internet
06/19/2014 After 22 Years of Litigation, the U.S. Trademark Office Again Cancels the Washington Redskins’ Trademarks as Disparaging to Native Americans
06/13/2014 Supreme Court Holds Federal Unfair Competition Claim Not Precluded by FDA’s Food and Beverage Labeling Regulations
06/02/2014 Supreme Court Adopts New Indefiniteness Standard
05/20/2014 LabMD Appeals District Court Dismissal, Eleventh Circuit Denies Emergency Relief
05/16/2014 FTC Retains Authority to Regulate Data Security at HIPAA Covered Entities - For Now
05/14/2014 Company Faces Shareholder Derivative Suit Following Series of Data Breaches
05/09/2014 Federal Circuit Holds Java API Code Copyrightable, Revives Oracle’s Billion-Dollar Suit Against Google
05/08/2014 A Desk Guide to Data Protection and Breach Response - Special Series
04/17/2014 HIPAA Covered Entity Challenges FTC’s Authority to Regulate Data Security
04/11/2014 DOJ and FTC Release a Joint Antitrust Policy Statement Encouraging Companies to Share Cyber Threat Information
04/09/2014 Court Rules that FTC has Authority to Regulate Corporate Cybersecurity
04/03/2014 A Desk Guide to Data Protection and Breach Response - Part 8
03/28/2014 SEC Roundtable is Latest Sign of Cybersecurity’s Critical Importance to Businesses
03/28/2014 Supreme Court Confirms Broad Reach of Lanham Act False Advertising Claims
03/27/2014 A Desk Guide to Data Protection and Breach Response - Part 7
03/21/2014 A Desk Guide to Data Protection and Breach Response - Part 6
03/20/2014 Antitrust: Scrutiny of Reverse Payment Settlements
03/20/2014 Pragmatists vs. Academics: The Lighting Ballast Control Decision
03/20/2014 Prosecution History Estoppel Applies to Design Patents
03/13/2014 A Desk Guide to Data Protection and Breach Response - Part 5
03/06/2014 A Desk Guide to Data Protection and Breach Response - Part 4
02/27/2014 A Desk Guide to Data Protection and Breach Response - Part 3
02/20/2014 A Desk Guide to Data Protection and Breach Response - Part 2
02/13/2014 A Desk Guide to Data Protection and Breach Response - Part 1
02/11/2014 gTLD Domain Name Update
12/19/2013 Prosecutors Obtain First RICO Conviction in a Cybercrime Case
12/16/2013 The IP Beacon, December 2013
11/26/2013 American Bar Association Landslide Guest Article: PTAB Rearranging the Face of Patent Litigation
11/11/2013 Austin Business Journal Guest Article: Biz Experts: Make Sure You're the Master of Your Domain
10/29/2013 Trademark Owners – Protect Yourselves NOW as the New gTLDs Are Finally Launching
10/02/2013 Fifth Circuit Expansion of Cyber Liability?
09/30/2013 The IP Beacon, September 2013
09/12/2013 IP Today Guest Article: Inter Partes Review: How is it Going So Far?
09/05/2013 Law360 Guest Article: USPTO's Final Rejection Of A Patent Isn't So Final
08/19/2013 Law360 Guest Article: GoDaddy Cybersquatting Case May Affect Parked Web Pages
08/15/2013 White House Reports on Recommended Incentives for Adopting Cybersecurity Framework
07/26/2013 No Written Description for Claim to Species Based on Generic Disclosure Says the Federal Circuit
07/03/2013 Law360 Guest Article: Kim Dotcom May Be Shooting Himself In The Foot
07/02/2013 The Recorder Guest Article: In Practice: Judges Want Damages Early
06/28/2013 Method Claims Invalid for Lack of Enablement: The Federal Circuit’s Recent Decision in Wyeth and Cordis Corp. v. Abbott Laboratories
06/21/2013 Protecting User Data in Light of the FTC’s Recent Privacy Enforcement Actions
06/21/2013 Social Media Accounts and Ownership Rights
06/18/2013 Not a Biotech Company? What Myriad Might Mean For You
06/17/2013 What Elephant? Supreme Court Downplays Inquiry into Patent Strength in Hatch-Waxman Settlements
06/06/2013 Law360 Guest Article: Infringement Liability May Exist For Foreign Manufacturers
06/05/2013 The IP Beacon, June 2013
05/23/2013 Monsanto Rounds Up Big Win for Self-Replicating Tech
05/16/2013 Nuggets in the Ashes: A Few Guideposts Unearthed from CLS Bank v. Alice Corporation
05/02/2013 Managing IP Guest Article: Don't Be Left Standing at the Courtroom Door
04/25/2013 California Man Convicted of Hacking into Former Employer’s Computer Network
04/17/2013 California Computer Hacking Case Highlights Important Circuit Split on the Computer Fraud and Abuse Act
04/11/2013 European Data Protection Directive and Safe Harbor
04/04/2013 Subject Matter Support in Design Continuation Applications: In re Owens Decision Provides New Guidance
04/03/2013 Intellectual Property Today Guest Article: U.S. Supreme Court Says ''Enough, Already'' -- Nike's Broad Covenant Not To Sue Mooted Its Competitor's Cancellation Counterclaim
04/02/2013 Law360 Guest Article: New Facebook Notification: 'You've Been Served'
03/22/2013 Federal Circuit Appeals From the PTAB: A New Game or Just the Same Old Practice?
03/14/2013 Cyber Attacks are the Number One Threat to National Security
03/12/2013 Public Companies Increasingly Disclosing Cybersecurity Risks
03/06/2013 Texas Executive Convicted of Hacking Former Employer’s Computer Network
02/19/2013 President Obama Signs Cybersecurity Executive Order
02/06/2013 U.S. Supreme Court Says “Enough, Already” - Nike’s Broad Covenant Not to Sue Mooted Its Competitor’s Cancellation Counterclaim
01/30/2013 The IP Beacon, January 2013
01/24/2013 Case Study: Valuable IP Lessons from Our $8.1 Million Mixed Chicks Trademark and Trade Dress Victory
01/24/2013 Impact of the Patent Law Treaties Implementation Act of 2012
01/24/2013 Review of 2012 IP Legal Issues for Game Developers
01/22/2013 Texas Lawyer Guest Article: Consider the Benefits of Contested Review Proceedings
01/03/2013 Daily Journal Guest Article: Managing Your IP Litigation Risk
12/20/2012 One Patent (and Court) to Rule Them All: An Unexpected European Decision?
11/14/2012 Step Right Up and Adjust Your Patent Term: Court Finds Improper PTO Calculations
10/12/2012 The IP Beacon, October 2012
10/05/2012 Hot Topics in Social Media
10/03/2012 Eastern District of Texas Issues New Model Order Regarding E-Discovery in Patent Cases
10/01/2012 Got Punctuation?: Recent trademark cases hinge on exclamation points and question marks
09/20/2012 Media Law Resource Center Guest Article: ABA Makes Anti-SLAPP Legislation Official Bar Policy
09/13/2012 Pharmaceutical Online Guest Column: New And Improved Third-Party Submissions
08/03/2012 CLS Bank and Bancorp: Back to Back Federal Circuit Decisions Offer Different Conclusions on Patentability
07/10/2012 Pharmaceutical Online Guest Column: Patent Reform: What Does it Mean for a Pharmaceutical Enterprise?
07/01/2012 IP Domain: Do I Own the IP Rights?
06/28/2012 C. Kyle Musgrove and Richard A. Ripley in CPI Antitrust Chronicle: Reverse Payment Settlements: Presumptively Bad or Usually Acceptable
06/14/2012 The Big Reveal: ICANN Announces New gTLDs and Their Applicants
05/15/2012 Recent U.S. Court Decisions Regarding Section viii "Carve-Outs"
05/02/2012 A Question of Character - Best Practice in Managing Mascots
04/30/2012 The IP Beacon, April 2012
04/25/2012 Source Code Found Too Late in Software Copyright Infringement Case
04/10/2012 Design Patent Judicial Decisions: A Year in Review
04/10/2012 Fourth Circuit Revives Rosetta Stone’s Trademark Infringement and Dilution Claims in Google Adwords Appeal
04/06/2012 Breaking the Chains of Prometheus: Practical Claim Drafting
04/01/2012 Of Mice and Men – The US Supreme Court refuses to consider reinstatement of Texas Jury’s $1.8 Billion Patent Verdict
02/14/2012 Biosimilars: Draft Guidance Documents Issued by FDA
02/14/2012 Employee/Consultant IP Assignment: Abbott v. Epocal
01/19/2012 Law360 Guest Article: Domain Name Collateral And Trademark Tangles
01/12/2012 Third-Party Challenges to an Issued Patent Before the USPTO: The America Invents Act
01/11/2012 New gTLD Application Window Opens January 12: What Do Brand Owners Need to Know to Protect Their Brands?
01/09/2012 Lipstick on a Pig - A Claim’s Preamble Does Not Confer Patentability on an Otherwise Unpatentable Process
01/09/2012 Patenting Anything Under the Sun vs. Bilski
01/09/2012 Qimonda's Impact on Patent Licenses When a Licensor Goes Bankrupt in a Foreign Land
01/09/2012 The IP Beacon, January 2012
11/21/2011 Dallas Morning News Guest Column: David McCombs - An inventive state like Texas deserves its own patent office
11/08/2011 Weathering the Storm: Qimonda, Patent Licenses and § 365(n)
11/02/2011 IP License Transfer in Mergers and Acquisitions
10/20/2011 Intervening Rights and Invalidity-Argument Estoppel in Litigation After Patent Reexamination
10/14/2011 BNA Patent, Trademark & Copyright Journal Guest Article: Patenting Anything Under the Sun vs. Bilski
09/21/2011 PR News "PR Insiders" Column: Watch Your Language - When Cease-and-Desist Letters Go Viral
09/16/2011 Practice Tips Under the Patent Reform Rules
09/09/2011 Texas Lawyer Guest Article: Keep E-Discovery Costs From Torpedoing a Litigation Budget
09/07/2011 .XXX Domain Registry Begins Accepting Opt-Out Applications
08/16/2011 .XXX Marks the Spot? Trademark Owners Can Block the Use of Their Marks in .XXX Domains
08/16/2011 Contemplating Pliva v. Mensing
08/16/2011 It's Not Easy Being Green: The Ins and Outs of Environmental Touts
08/16/2011 Proceed With Caution: Does that Employment Agreement Have a Proper IP Assignment?
08/16/2011 The IP Beacon, August 2011
08/16/2011 The Status Quo Wins: Clear and Convincing Proof is Still Required to Invalidate Patent Claims
07/26/2011 Conformity is a Virtue: The U.S. Patent and Trademark Office Proposes Changes to the Duty of Disclosure to Match the Therasense Standard
07/19/2011 Orange County Business Journal Guest Column: Promising Case Law Trends for Patent Law
07/11/2011 In “App Store” Trademark Battle, Judge Sides with Amazon.com in Denying Apple’s Request for a Preliminary Injunction
06/28/2011 Patent Reform 2011: It Could Happen to You
06/16/2011 .XXX Marks the Spot? Trademark Owners Can Block the Use of Their Marks in .XXX Domains
06/13/2011 The Status Quo Wins: Clear and Convincing Proof is Still Required to Invalidate Patent Claims
05/31/2011 But-For Materiality and Tightened Inequitable Conduct Standards: The Therasense v. Becton, Dickinson En Banc Federal Circuit Decision
05/19/2011 Social Media for the CEO
05/09/2011 Brand Protection is an App-solute Must
05/09/2011 The IP Beacon, May 2011
05/09/2011 When “Domain Name Disputes” Are Just Bogus Solicitations
04/22/2011 Brand Protection Is An App-solute Must
04/05/2011 How Much Would You Pay for This Lovely Expedited Examination? USPTO Approves Priority Utility and Plant Patent Application Examination
03/31/2011 Hatch-Waxman Litigation Alerts: New Jersey Amends Local Patent Rules
02/28/2011 One Bad App Spoils the Bunch: Brand Protection in the App Era
02/02/2011 The IP Beacon, February 2011
01/27/2011 "Pay-for-Delay" Settlements: Antitrust Violation or Proper Exercise of Pharmaceutical Patent Rights?
01/20/2011 2010 Review: Brand Owners Weigh In on Google Adwords Appeal
01/20/2011 Beware of Fraudulent Trademark and Patent Notices Mimicking Official Communications
01/20/2011 Effective Affidavit Practice
01/20/2011 Third Circuit Concurring Opinion Supports Trademark Licensees’ Retention of Rights in Bankruptcy Cases
01/20/2011 Used DVD and Video Game Resales One Step Closer to Extinction
12/17/2010 FLASH - Supreme Court Does Not Answer Copyright Exhaustion Question in Costco
11/10/2010 Counterfeiting and Piracy: Can It Be Quantified?
11/05/2010 Hatch-Waxman Litigation Alerts: Recent Federal Circuit Decision on Section viii Carve Outs and Inducement
10/27/2010 Weathering the Storm: Third Circuit Concurring Opinion Supports Trademark Licensees’ Retention of Rights in Bankruptcy Cases
10/04/2010 Trademarks: Taking Search Strategies to the Next Level
10/01/2010 IP Domain: Marking Your Product - Drinking Cup Company's Defense Holds Water
10/01/2010 The IP Beacon, October 2010
09/08/2010 "Abbreviated" Biologics Applications: The Reality of Providing Biosimilar Products
09/08/2010 Counterfeiting and Piracy: Can It Be Quantified?
09/08/2010 Skip the Copyright Office and Proceed Directly to Suit?
07/29/2010 Alternative Dispute Resolution in Patent Cases
06/29/2010 The Supreme Court Rules on Bilski: Business Method Patents Survive
06/28/2010 Accelerated Patent Examination Plan Extended
06/25/2010 Patent Reexamination
06/23/2010 U.S. Patent and Trademark Office Proposes Three-Track Patent Examination Initiative
05/27/2010 The Broken Patent System: A Threat to American Economic Security?
05/13/2010 To Have Committed Inequitable Conduct or Not? That is the Question - to be Answered
05/10/2010 Management (and the Federal Circuit) Torched Our Patent: What Should We Have Done Differently?
05/07/2010 The IP Beacon, May 2010
05/04/2010 HP v. Acceleron: Staring up the Patent Infringement Gun Barrel Without Risking Your Company’s Life
05/04/2010 In Giving Crocs its Patent Bite Back, Has the Federal Circuit Increased the Value of all Design Patents?
05/04/2010 Obviousness-Type Double Patenting As An Invalidity Defense
05/04/2010 Overview of the Proposed Patent Reform Act of 2010
05/04/2010 Patent Reexamination: Trends for the 2010s
04/02/2010 United States Patent and Trademark Office Rules on Deposing Non-U.S. Resident Executives in Trademark Proceedings
03/25/2010 Google AdWords Decision Issued by the European Court of Justice
02/05/2010 Innovation Fee: Surcharge on U.S. Patent & Trademark Protection
02/02/2010 Another Detour? Steer Internet Traffic to Your Sites by Registering .CO Domains
02/01/2010 Coming to Terms
02/01/2010 Efficacious and Safe Drug Labeling Strategies - The Access to Affordable Medicines Act
01/27/2010 Litigation Risk and Liability Danger from False Patent Marking in View of Forest Group, Inc. v. Bon Tool Co.
01/21/2010 Policing Trademarks on the Internet and Web 2.0
01/19/2010 The IP Beacon, January 2010
01/13/2010 Federal Circuit Affirms Longer Patent Term Adjustments for Many Patents
01/11/2010 Answering the New Test for Invalidating Design Patents
01/11/2010 Maintaining Attorney-Client Privilege When Disclosing Opinion Letters in M&A Transactions
01/11/2010 Taiwan Semiconductor Manufacturing Deposits a Trade Secret Win over SMIC
01/11/2010 Zipping Your GreenTech Patent Application Down the Line
12/01/2009 Heightened Federal Pleading Standard After Iqbal
12/01/2009 Update on Mandating Data Security
11/30/2009 Jumpstart Your Patent Application Through Early Examination
10/29/2009 Bilski: Time to Reboot Section 101?
10/12/2009 PTO Seeking Rulemaking Authority Despite Rescinding Proposed Claims and Continuation Rules
10/02/2009 The IP Beacon, October 2009
10/01/2009 Software Licenses: Permission vs. Forgiveness and the Law of Unintended Consequences
09/21/2009 Double Standards at the Federal Circuit
09/21/2009 Update On Mandating Data Security
06/12/2009 The IP Beacon, June 2009
06/10/2009 Submit Your Trademarks to Facebook to Prevent Infringement
05/14/2009 Patent Legislation Update
05/12/2009 False Press Release by Patent Infringement Defendants Nets District Court Sanctions
05/12/2009 ICANN’S New Attack Against Domain Name Tasting
04/13/2009 The Erosion of Licensor’s Rights
03/30/2009 Patently Complicated New Rules Still in Play: Tafas v. Doll on Interlocutory Appeal
02/26/2009 The IP Beacon 2009
02/11/2009 Patenting of Industrial Biotechnology: A Gamble That Pays Off
02/11/2009 Publication Clauses and Other Problems Lurking in Sponsored Research Agreements
01/23/2009 Protecting Product Configurations: Design Patent Focus
01/23/2009 Protecting Product Configurations: Trade Dress Focus
01/15/2009 A Brand New Game: Video Game Patent Litigation Moves Beyond Base Technologies
11/26/2008 Growing Legal Issues In The Video Game Industry
11/24/2008 To CIP Or Not To CIP? There Is No Question, IP Law360
11/20/2008 Fall 2008 Haynes and Boone IP Beacon Newsletter
11/17/2008 Before The Music Starts – Pre-NDA Due Diligence Steps
11/17/2008 Practicing the Dance: Confidentiality Provisions in the M&A Context
11/12/2008 Patent Process Claims Impacted by U.S. Court of Appeals for the Federal Circuit
11/11/2008 The New Texas Anti-Phishing Act
10/23/2008 Diligence in Preliminary Merger & Acquisition Evaluations, AIPLA Annual Meeting, Special Committee on Mergers & Acquisitions
10/23/2008 Living (La Vida Loca) Under Your NDA - PowerPoint Presentation, AIPLA Annual Meeting, Special Committee on Mergers & Acquisitions
10/15/2008 Pro-IP Act Signed into Law
09/24/2008 The Federal Circuit Changes The Test For Design Patent Infringement
09/08/2008 The IP Beacon
07/24/2008 Be Careful Where You Save That File, IP Law 360
07/08/2008 Copyright Office Commences Online Registration of Claims
07/01/2008 Preparing for (and avoiding) the Courtroom, Nature Biotechnology
06/05/2008 Patent Reexamination With Litigation, Strategies and Practice Tips
03/01/2008 Protecting Your Client’s Brand Names From Domain Name Theft and Scams
02/11/2008 Fraud: The 'F' Word Trademark Owners Should Avoid
11/12/2004 "Tipping Your Hand" - Considerations Before Filing Rule 99 Submissions
02/13/04 Product Clearance and U.S. Patent Opinions