A new series of Federal Circuit decisions indicates concern that the pendulum has swung too far, and discourages early patent-...

We have entered a time when documented photographic or video evidence is not unassailable proof; it is not uniformly authentic...

The frequency with which the U.S. Supreme Court has, in recent years, been changing patent law is dizzying, and the court ofte...

Following the Trademark Trial and Appeal Board's denial of an application to register a single-color trade dress for yellow Ch...

The ground-breaking Defend Trade Secrets Act became law in May 2016. As we approach the two-year anniversary we consider four ...

The rapid staking of cryptocurrency patent territory has challenged the notion of what is allowable subject matter and what is...

Some people think open source and patents go together like oil and water. When it comes to blockchain technology, it's more li...

The advent of artificially intelligent entities capable of making new discoveries raises intriguing ethical issues surroundin...

Until a recent Federal Circuit ruling, the practical application of these duties and burdens in litigation was hotly disputed,...

The Music Modernization Act is the product of broad consensus adopted by both the music business and its historic combatants.

A recent split panel of the Federal Circuit upheld the right of the U.S. Patent and Trademark Office to participate in an appe...

At first glance, the January decision appears to turn a decade of patent damages jurisprudence on its head.

A recent Federal Circuit decision is another example of how to reason through whether the written description is satisfied.

The online retail giant's success in obtaining two patents has raised fundamental legal and even constitutional questions abou...

6,000 breweries means 6,000 brewery names, only some of which are registered as a trademark with the U.S. Patent and Trademark...

Patent licenses are often negotiated and agreed to at a high level. Below are five default rules worth remembering.

If nothing else comes of the two days of testimony by Facebook chief executive Mark Zuckerberg to the members of the U.S. Sena...

Growing up in California’s Central Valley, a high school guidance counselor offered her only three realistic career choices: t...

On Wednesday, the justices will consider: A 164-year old treaty. Native American fishing rights. Dwindling migratory salmon st...

The court needs to provide an emphatic and clear answer that this is never permissible and therefore the travel ban is illega...

If what she said is true, Clifford should seek leave to amend her pleading to assert this theory, before it is too late.

The California Supreme Court does review unpublished opinions, but rarely

Wisconsin has enacted a first-of-its-kind law requiring disclosure of third-party financing. Are litigation funder concerns ov...

Set sail on a voyage through the California Rules of Court for civil appeals. The booty: MCLE credit.

When evaluating the act’s impact on mergers and acquisitions, corporate and pass-through entity provision changes must also b...

The Supreme Court should grant certiorari in this case to correct the 9th Circuit’s misapplication of the market participation...

In some cases, an entire law firm can be disqualified if the firm hires an attorney who has acquired, or could possibly have a...

Proposed revisions to the Rules of Court would modify the rules for attorneys in conservatorship proceedings.

The possibility of a California estate tax is only one more reason to engage in sophisticated estate tax planning now, while t...

Is it possible through legislation to strengthen the institution of marriage? Legislating to make the law regarding standstill...