Blog Posts

  1. May 22, 2015

    Guest Blog Post by Michael Einhorn: Establishing Indirect Lost Profits Resulting from Copyright Infringement

     Introduction by Andrew Berger I am pleased to introduce Michael Einhorn to IP In BRIEF. Michael A. Einhorn, Ph.D. is an economic consultant and expert witness in the areas of intellectual property, media, entertainment, and product design. He is the author of  Media, Technology, and Copyright: Integrating Law and Economics  (Edward Elgar Publishers, 2004) and over seventy professional articles related to intellectual property and economic analysis.

  2. March 19, 2015

    Proving and Disproving Trade Secret Claims

    Dennis Murrell and Robert Theuerkauf from Middleton Reutlinger in Louisville explained how to prove and defend against trade secret claims at the IPI’s Ocean Reef winter conference. Here is a summary of their excellent presentation.

  3. March 6, 2015

    Proving Damages at Trial in Copyright Litigation

    David Leichtman from Robins Kaplan in NY gave us an excellent presentation on proving damages at trial in copyright litigation at the Intellectual Property Institue's Ocean Reef winter conference. Here is my summary of his talk along with links to some of the cases he mentioned and his PowerPoint.

  4. February 20, 2015

    Steps to Obtain a Preliminary Injunction in a Patent Case

    H. Dickson Burton from TraskBritt in Salt Lake City gave a presentation at the IPI's winter conference explaining how to obtain a preliminary injunction in a patent case. Here is my summary of his presentation with links to some of the cases he mentioned.

  5. July 24, 2013

    Guest Post By Robert Cumming: Initial Interest Confusion Under EU Trademark Law

      Introduction by Andrew Berger I am pleased to introduce Robert Cumming who I have enjoyed meeting at INTA and whose blog posts I read with interest. Robert is an experienced IP lawyer with Appleyard Lees, a 32-person firm of European patent and trade mark attorneys.  With a litigation background and qualifications as an English solicitor, Registered UK and European trade mark attorney and Trade Mark Litigator, Robert is just as happy advising on contentious matters as prosecution, strategy and licensing. 

  6. May 30, 2013

    Determining Genuine Use of a CTM in the EU after ONEL

      Another issue that came up in a Table Topics discussion I moderated at INTA earlier this month was what constitutes genuine use sufficient to sustain a CTM in the European Union (EU). We briefly touched on Merken v. Beheer (better known as  ONEL) recently decided by The Court of Justice of the European Community (CJEU). Again because ONEL might not be well known to practitioners outside the EU I decided to summarize it and the guidance it provides.

  7. May 22, 2013

    Translating IP Translator For US Mark Holders Filing in Europe

    I recently moderated a table topics discussion at the INTA annual meeting in Dallas on alternatives available to US mark holders when registering their marks in Europe. One of the issues that came up was Chartered Institute of Patent Attorneys v. The Registrar of Trademarks known as IP Translator (decision here). The case continues to cause problems for Community trademark filers seeking a community trademark (CTM) in the European Union (EU).

  8. January 28, 2013

    The Art of the Deal: How to Draft and Negotiate an IP Deal; Part I

        I recently spoke at a CLE at my firm about how to successfully draft key provisions in an intellectual property license and negotiate them. Here is an edited transcript that I post in two pieces. In this first one I offer suggestions about drafting warranties, indemnities and limitations of liability and I also provider some drafting tips.

  9. December 27, 2012

    Oral Argument in the Second Circuit in Aereo Suggests that a Reversal Is in the Offing

    The oral argument in WNET et al. v. Aereo before the 2d Circuit panel of Judges Denny Chin and Christopher Droney and Eastern District Judge John Gleeson was long (more than 45 minutes) and spirited. The transcript is here. But the panel’s questions suggest the court may reverse and find that Aereo’s online transmission of live TV performances is an unlicensed public performance violating the Copyright Act.

  10. August 8, 2012

    Will Aereo’s Internet Streaming Service Survive Second Circuit Review?

    Innovation breeds copyright litigation. The scenario is often the same. The copyright holder whose market share is eroded by the innovative product claims it infringes its statutory-protected rights. The technologist responds that its innovation is simply another authorized improvement in an evolutionary chain that benefits the public. These arguments are at play in ABC et al. v. Aereo and WNET v.

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