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Integrated Circuit Layout Design Protection Series: Part 3

By Gregory Lars Gunnerson

Title 17 of the U.S. Code concerns copyright laws. Chapter 9 of Title 17 is entirely dedicated to the protection of Mask Works. 17 U.S.C. § 901 defines a mask work as “a series of related images, however fixed or encoded, having or representing the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present […]

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Integrated Circuit Layout Design Protection Series: Part 2

By Gregory Lars Gunnerson

A diplomatic conference was held in 1989 in Washington, D.C. The diplomats in attendance were representatives of member states of the United Nations (UN) World Intellectual Property Organization (WIPO) or representatives of intergovernmental organizations meeting certain criteria. The diplomats were there to consider whether their Member nations were interested in offering additional protections for integrated […]

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Integrated Circuit Layout Design Protection Series: Part 1

By Gregory Lars Gunnerson

Did you know that layout designs (topographies) of integrated circuits are a separate field in the protection of Intellectual Property (“IP”)? Most Americans understand IP to be classified within one of patents, trademarks, copyrights, and trade secrets, yet this is not always how all countries choose to classify all IP rights. Another form of protection […]

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Atari’s Trademark Troubles with Redbubble

By Ashley E. Holland

It seems to get more difficult for companies with well-known trademarks to go after online marketplaces like Redbubble for trademark infringement. Atari, the well-known video game maker and one of their products Pong, asked the Ninth Circuit to review a district court decision in their case against Redbubble. Atari, and other companies such as the […]

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Apple’s Major Products Do Not Infringe Patents

By Joseph M. Hallman

On August 14, 2023, in One-E-Way, Inc. v. Apple Inc., the Court of Appeals for the Federal Circuit (“Federal Circuit”), in a nonprecedential opinion, affirmed a decision by the Central District of California holding that several popular products sold by tech giant Apple do not infringe U.S. Patent Nos. 10,129,627 (“the ‘627 patent”) or 10,468,047 […]

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Recent Surge in Chinese “Non-Use” Cancellation Proceedings

By Christine Lebron-Dykeman

In the past several years the total number of new trademark filings in China has exploded—with about nine million filings now made per year. An unfortunate consequence of this upsurge in filings is that non-use cancellation actions have become a normal strategy for trademark applicants who have received provisional refusals based on earlier registered marks. […]

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Most People Are DJs: When Being an Attorney Feels Like a Curse

By Nicholas J. Krob

As I was getting a haircut last week, I had a revelation: being an intellectual property attorney can be annoying. Most people can enter an establishment and go about their business while enjoying the background music inevitably being played. Me? Not so much. As my barber and I discussed one of our favorite bands (the […]

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In Memoriam – Bruce W. McKee

By Luke T. Mohrhauser

We are deeply saddened by the passing of a great friend and partner. Bruce was born on May 3, 1934, and grew up on a farm in Poweshiek County in Iowa. He graduated from Iowa State University in 1956 with a Bachelor’s Degree in General Engineering. After graduation, although recruited as an engineer by some […]

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Unraveling EPA’s New Gene Edited Plant Rules – Effective July 31, 2023

By Cassie J. Edgar

Today, the EPA’s new gene editing rules go into effect, with noteworthy implications for the use of biotechnology in agriculture. This finalizes draft rulemaking that was proposed back in 2020, and these new rules clarify the broad scope of the agency’s jurisdiction over gene-edited crops, specifically those defined as plant-incorporated protectants (PIPs) under 40 CFR […]

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No longer a little blue bird, what will IP look like for Twitter’s new “X”?

By Ashley E. Holland

Recently Twitter announced that they are attempting to rebrand into “X”. When businesses are rebranding, there can be significant implications on intellectual property rights and certain considerations one should consider such as a trademark search, trademark registration, and copyrights. Trademarks and copyrights can cover single letters, like “X”. A trademark is used to distinguish and […]

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