In Case You Missed It, 2020: Year-End IP Round-Up, Including Brand Protection, ITC, Patent, COVID-19, and More!

Throughout the year, we strive to provide you with interesting content regarding newsworthy intellectual property (IP) cases and issues. We hope you have found our 2020 IP articles, client alerts, and blog posts informative and useful to your business.

In case you missed any, please click on the links below, organized by topic and month of publication.

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AI/Machine Learning

October

• Training a Machine Learning Model Using Customer Proprietary Data: Navigating Key IP and Data Protection Considerations, Pratt’s Privacy & Cybersecurity Law Report, October 2020
  
  

Brand Protection

February

• A Pulse Found in “Dead” Trademark Rights

April

• Your Color-Based Product Packaging Mark Might Be Protectable Trade Dress
• No Intent Needed: Supreme Court Says Willfulness Is Not a Prerequisite to Recover Trademark Infringement Profits, April 24, 2020
• Are Government Legal Publications Copyrightable? The Supreme Court Says No. April 29, 2020

June

• Copyright Office Finds DCMA Tilts Away From Copyright Owners; Will Congress Act to Change That? June 3, 2020

July

• Consumer Perception Is Key To Registration Of Generic “.com” Marks, July 6, 2020
• Can Trademark Law Combat Price Gouging? 3M is Testing Theories to Protect its Brand

September

• Protecting Your Products Using Design Patents in the Era of Copycats
  
  

Trade Secret

April

• An Overview of Trade Secrets Law, Westlaw Journal Intellectual Property, April 8, 2020
  
  

International Trade Commission (ITC)

January

• An Attractive ITC Tool To Stop IP-Infringing Online Sales, Law360, January 10, 2020

March

• Think You Don’t Belong At The ITC Because You Don’t Sell Or Import Your Products? Think Again, March 19, 2020

May

• Be Careful What You Consent To: At The ITC, An Easy Way Out Has Consequences, May 18, 2020
  
  

Patent, PTAB, and IPR

April

• Federal Circuit Holds that IPR Joinder Provision Cannot Be Used to Join the Same Petitioner or Add New Issues, April 8, 2020
• Supreme Court Shuts Door on Appeals Challenging Issues Related to IPR Institution Decisions, April 28, 2020

May

• INSIGHT: Overcoming Patent Subject Matter Eligibility Rejections, Bloomberg Law, May 13, 2020
• Thryv Bars Federal Circuit From Reviewing PTAB Real-Party-In-Interest Determinations, May 26, 2020

July

• Patent Application Process Taking Too Long? Try Fast Tracking Your PTAB Ex Parte Appeal, July 16, 2020

October

• Why Is My Company Being Sued For Patent Infringement In Waco, Texas? October 13, 2020
• Retailers in Texas Beware – Waco is Open for Business for Patent Cases

November

• Six years after Alice, are we any closer to clarity on patent eligibility?, Westlaw Journal Intellectual Property, November 30, 2020

December

• Three Key Things to Know about WDTX Patent Litigation, December 3, 2020
  
  

Agreements, Audits, and Diligence

January

• Preparing for Software License Audits, Bloomberg Law, January 6, 2020

March

• With All the New Technologies Out There, Does Your IP Due Diligence Need an Upgrade?, The Licensing Journal, Vol. 40, No. 3, IPAA, March 2020

December

• Employment Law and Patent Law Collide: Federal Circuit Rules that California’s Non-Compete Restrictions Also Limit the Scope of Patent and Invention Assignment Clauses, December 8, 2020
  
  

COVID-19 and Remote Work

March

• Keeping Your Trade Secrets “Secret” During a Time of Increased Remote Work Due to COVID-19, March 24, 2020
• In the Face of Unalterable Statutory Deadlines, the USPTO Waives Fees for Petitions to Revive to Minimize the Adverse Impact of COVID-19, March 25, 2020

April

• After CARES Act Passed, Certain Patent, Trademark and Copyright Deadlines are Extended to Lessen the Impact of COVID-19, April 2, 2020
• Are There Patent Infringement Implications of 3D Printing PPE to Help Health Care Workers in the War Against COVID-19? Yes. April 2, 2020
• IP Rights vs. the Common Good: Can the Government Bring Them Together to Fight COVID-19? April 9, 2020
• Who Would Offer a Free License to IP? Those Taking the Open COVID Pledge, April 14, 2020

May

• Pressing Pause: Now That Coronavirus Is a Factor in Staying One Patent Litigation, Will Other Cases Follow? May 19, 2020
• Certain COVID-19 Related Patent Applications Are Eligible For Fee-Free Prioritized Examination, May 20, 2020

June

• Immediate Steps Needed to Prevent Your Pandemic WFH Savior – Videoconferencing – from Turning Into a Future Litigation Nightmare, June 25, 2020
  
  

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