This self-help title from Nolo Press provides information and forms for those looking to legally protect and profit from their written work via copyright.

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The text provides a clear and thorough exploration of the doctrinal and policy issues in American copyright in a style accessible to both new and advanced intellectual property students.

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"This product offers a compact yet comprehensive and up-to-date overview of U.S. copyright law in an uncluttered and readable format. Coverage ranges from the fundamental concepts of originality, authorship, and infringement to the highly technical rules governing digital phonorecord deliveries and digital public performance rights in sound recordings, the safe harbor provisions that limit the liability of Internet service providers, and the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. This updated edition includes detailed analysis of the changes introduced by the Music Modernization Act of 2018, as well as the creation of the Copyright Claims Board. The evolving doctrines of fair use and contributory liability are also given thorough attention." - publisher's description

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Providing "best practices" for copyright litigation from many of the foremost names in the world of copyright law, this handbook is organized to break down a copyright case into the various phases of litigation—from what to consider before filing suit, to all the way through an appeal. With a focus on providing litigators with practical guidance on making strategic decisions throughout the life of a copyright case, Copyright Litigation Strategies is a comprehensive guide that explores all aspects of copyright litigation strategies, including: Pre-litigation considerations and analysis Alternative dispute resolution Formulating discovery plans Third-party discovery Foreign discovery Handling depositions Working with experts Motion practice The trial Proving infringement Defeating infringement claims Evidence Appeals, and more

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Art is in the eye of the beholder, but the protection of the rights of artists and other creators is in the eye of the legislator. Copyright Termination and Recapture Laws describes the history of Congressional efforts to give creators of copyright protected works an opportunity to renegotiate transfer agreements and related licensing agreements, first via a two-term system under the 1909 Act, and then via a termination and recapture system under the 1976 Act. This book extensively evaluates the policy and legislative evolution, and provides thoughtful guidance on how practitioners can create, submit, and effectively prosecute termination requests under current law.

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The online environment is constantly evolving, and the case law and processes under the Digital Millennium Copyright Act (DMCA) are always changing to keep pace. The second edition of the DMCA Handbook provides a practical understanding of what online service providers (OSPs and ISPs), website owners, content creators, and copyright owners need to know to protect their respective online interests and enjoy immunity from infringement. This resource provides a quick-start guide for focusing on basic requirements to prepare and file the forms and notices relevant to specific pursuits. It also offers a more in-depth analysis of the DMCA process and case law for those who want additional background about the origins and operation of the DMCA regime. Inside the book and on its related website are essential DMCA forms and appendices, that include: Letter the OSP Promptly Sends to Alleged Infringer DMCA Take-Down Notice Sent by Copyright Owner to OSP (Fill-in or Automated) DMCA Designated …

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Do you need to use someone else's image, text, or music in your next project? This book will teach you all about how to find and use copyrighted works or works in the public domain.

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This timely and up-to-date Hornbook comprehensively examines topics such as Internet technologies, Internet governance, global consumer protection, cybertorts, Internet-related privacy, copyright, trademarks and domain names.

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"Global Internet Law in a Nutshell presents a very timely overview of legal issues that arise from the World Wide Web. Topics include Internet-driven technologies such as Artificial Intelligence, Machine Learning Bitcoins, The Internet of Things, 3D Products Liability, and Driverless Cars. This edition emphasizes the legal and policy issues arising out of social media such as Twitter’s decision to permanently ban President Trump from its platform. The goal is to provide the reader with an up-to-date summary of the most important new cases and statutory developments. Each chapter provides the latest developments in Internet Law from the European Union such as the General Data Protection Regulation, which is setting a global standard for privacy and data protection. Each chapter has examples and explanations of Internet Law developments from around the world. This Nutshell provides global coverage of recurring Internet issues that lawyers and law students will encounter in practice. It a…

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"Authors Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patents, trademarks, and copyright laws. Authoritative treatment of all relevant doctrines and the latest statutory and judicial changes. Text further addresses relevant torts, property, antitrust, regulatory, and federalism intersections with intellectual property law." - publisher's description

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"This work provides a comprehensive treatment of all three major branches of intellectual property law, surveying basic principles and emerging issues. The book summarizes what is clear, identifies what is unsettled, and offers concise views on how some open issues might be sensibly resolved. This text also deals with a variety of related intellectual property topics, including state laws governing the misappropriation of intangibles, state protection for the right of publicity and for trade secrets, and both federal and state rules concerning false advertising and deceptive trade practices. The authors use numerous examples to guide you through various technical areas." - publisher's description

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"This guide offers a broad summary of the law of intellectual property (patents, copyrights trademarks, trade secrets, and a variety of other sui generis forms of protection for innovations and creativity) and the law of unfair competition (trademark infringement, passing off, trade disparagement, and deceptive advertising).It also touches on related fields of law, such as antitrust, consumer protection, regulated industries, and the law governing interference with contractual and noncontractual relations." - publisher's description

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"Turn to Nolo's Encyclopedia of Everyday Law for answers to everyday legal questions that come up in all aspects of life. Easily locate concise explanations about legal issues including: - credit, debt, and bankruptcy - divorce, child custody, and visitation - wills, living trusts, and estate planning" -- from the publisher

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Whether you're an inventor, designer, writer or programmer, you need to understand the language of intellectual property law. Otherwise, you can't intelligently deal with intellectual property issues such as: who owns creative works or valuable information; how owners can protect and enforce their ownership rights; how disputes between intellectual property owners can be resolved, and how ownership rights can best be transferred to others. With Patent, Copyright & Trademark, you will: get clear overviews of relevant laws; understand the different kinds of protection offered by patents, copyrights, trademarks and trade secrets, and which apply to your work; get a plain-English definition of every term you're likely to come across, and find the information you need, quickly and easily. All entries are organized by topic and extensively cross-referenced. This edition has been updated to reflect the latest changes in intellectual property law and provides the latest U.S. Patent and Tradema…

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"This product guides the reader through both the traditional topics, such as fair use, and more modern topics, such as the anti-circumvention provisions of the Digital Millennium Copyright Act, without getting bogged down in unnecessary or tedious detail. This title is ideal for end-of-semester review by students in both basic and advanced courses on copyright law, and also will be of use to practitioners and other legal professionals seeking a comprehensive yet manageable introduction to the subject." - publisher's description

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"The Public Domain helps you find and identify what creative works are protected by copyright -- and what's not. The book provides specific information about writings, music, art, photography, architecture, maps, choreography, movies and video, software, databasesand collections." - publisher's description

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This title from the American Bar Association is designed to help individuals understand what copyright law. It provides easy-to-understand explanations of everything from what can be copyrighted to what criminal charges could be brought if a copyright is violated.

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If you are an inventor or entrepreneur who wants to understand how to use the patent system to help fulfill your business goals, this book is for you. This book won't teach you how to write a patent application. What it will teach you are the most important principles to understand about patent applications, and about the patent system, if you want to protect your patentable ideas effectively and efficiently - and avoid wasting time and money. You will learn: What you might already be doing without realizing it that can jeopardize your chances of ever getting a patent How to determine if you can get a patent on your invention Why a patent may or may not be important for your particular business goals When to file a patent application, and at what point you should get an attorney involved How to avoid making the patenting mistakes that even smart entrepreneurs make every day

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Representing a compromise in the pharmaceutical industry in balancing patent exclusivity against market competition, the effect of the Drug Price Competition and Patent Term Restoration Act (commonly known as the Hatch-Waxman Act) on controlling the pharmaceutical market remains unsettled. Amendments to the original act included provisions for an abbreviated process for FDA approval of generic versions of patented pharmaceuticals through the filing of an Abbreviated New Drug Application (ANDA) and the right to initiate patent litigation against an applicant. This law has resulted in ANDA litigation cases and a constant struggle to shape the landscape of the patent and regulatory regime governing FDA approved patented and generic drugs. The Hatch-Waxman Act with it amendments is a hybrid of two already complex areas of the law — U.S. patent law and FDA regulatory law—which makes patent litigation in this area especially complicated and hotly contested. Now updated and expand…

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?Patent litigation is increasingly prevalent today, but this use of the courts to resolve disputes makes the process significantly more expensive for the client, sometimes prohibitively so. Many patent disputes can't bear the level of expense that comes with the territory of a jury trial in federal court. Arbitration can provide a productive path for getting smaller cases resolved so that the entry fee doesn't end up being more than the prize. Arbitrating Patent Disputes provides a practical, clear, step-by-step guide to arbitration, covering everything from evaluating whether it makes sense to include arbitration in the patent-related agreement, to drafting the clause, pre-hearing preparation, presenting the most robust case during the hearing, enforcing or attacking the award, and handling appeals.

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?Offering a framework for understanding the Patent Trial and Appeal Boards' past practices for practitioners to better predict actions in future, this book follows the authors' observation that there has been notable consistency in the body of decisions in case law decisions from the PTAB. This compilation of PTAB decisions supplies a wealth of guidance on the Board's treatment of various issues, providing the practitioner with information to guide their PTAB strategies, noting specific patterns that have arisen during IPR, PGR and CBM proceedings.

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A straightforward guide to inventing, patenting, and technology commercialization for scientists and engineersAlthough chemists, physicists, biologists, polymer scientists, and engineers in industry are involved in potentially patentable work, they are often under-prepared for this all-important field. This book provides a clear, jargon-free, and comprehensive overview of the patenting process tailored specifically to the needs of scientists and engineers, including:Requirements for a patentable inventionHow to inventNew laws created by President Obama's 2011 America Invents ActThe process of applying for and obtaining a patent in the U.S. and in foreign countriesCommercializing inventions and the importance of innovationBased on lecture notes refined over twenty-five years at The University of Akron, How to Invent and Protect Your Invention contains practical advice, colorful examples, and a wealth of personal experience from...

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"Save money: draw it yourself create your own patent drawings! make design or utility patent drawings, utilize pen and paper, or digital equipment, learn official patent drawing guidelines,ad respond to USPTO regarding drawings" - publisher's description

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"Authors Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patents, trademarks, and copyright laws. Authoritative treatment of all relevant doctrines and the latest statutory and judicial changes. Text further addresses relevant torts, property, antitrust, regulatory, and federalism intersections with intellectual property law." - publisher's description

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"This work provides a comprehensive treatment of all three major branches of intellectual property law, surveying basic principles and emerging issues. The book summarizes what is clear, identifies what is unsettled, and offers concise views on how some open issues might be sensibly resolved. This text also deals with a variety of related intellectual property topics, including state laws governing the misappropriation of intangibles, state protection for the right of publicity and for trade secrets, and both federal and state rules concerning false advertising and deceptive trade practices. The authors use numerous examples to guide you through various technical areas." - publisher's description

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"This guide offers a broad summary of the law of intellectual property (patents, copyrights trademarks, trade secrets, and a variety of other sui generis forms of protection for innovations and creativity) and the law of unfair competition (trademark infringement, passing off, trade disparagement, and deceptive advertising).It also touches on related fields of law, such as antitrust, consumer protection, regulated industries, and the law governing interference with contractual and noncontractual relations." - publisher's description

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Invention Analysis and Claiming: A Patent Lawyer's Guide, Second Edition , presents a comprehensive approach to analyzing inventions and capturing them in a sophisticated set of patent claims. A central theme is the importance of using the problem-solution paradigm to identify the "inventive concept" before the claim-drafting begins. The book's teachings are grounded in "old school" principles of patent practice that, before now, have been learned only on the job from supervisors and mentors. In addition, a new chapter is devoted to means-plus-function claiming--explaining its history, how the Federal Circuit case law has dramatically affected the practice in this realm, and how the patent practitioner can secure appropriately broad coverage for the inventive concept while not triggering "means-plus-function treatment." Questions at the end of each chapter have been added to:  •  Confirm the understanding of the principles presented  •  Explore the jurisp…

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"This updated edition of a venerable antitrust law treatise will meet the needs of lawyers, judges, scholars, and students. As in prior editions, it provides a clear statement of the law, visits unresolved issues and areas of controversy, and provides a candid assessment of the strengths and weaknesses of the various positions. The new edition also contains a more user-friendly index." - publisher's description

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"Turn to Nolo's Encyclopedia of Everyday Law for answers to everyday legal questions that come up in all aspects of life. Easily locate concise explanations about legal issues including: - credit, debt, and bankruptcy - divorce, child custody, and visitation - wills, living trusts, and estate planning" -- from the publisher

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"A brilliantly clear and up-to-date patent guide. What are patents? Why do you need one? How do you get it? Here's the primer every first-time inventor needs. Nolo's Patents for Beginners defines what a patent is and what it can do for you. Step by step, it explains how to: use basic patent principles, conduct a patent search, acquire patent rights." - publisher's description

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?Anyone involved with patent searching and risk management requires the proper tools and methodology to successfully avoid patent infringement. Patent Freedom to Operate Searches, Opinions, Techniques, and Studies is designed to build the necessary competencies, techniques, and best practices. Addressing a wide range of topics, this book covers: conducting and organizing freedom-to-operate studies to obtain actionable data; analyzing the results of those searches; developing appropriate risk management strategies; and preserving the information and analysis in order to be fully protected in the future. Everyone from in-house and private practice attorneys to businesspeople, non-lawyer patent professionals, engineers, and academics will find utility in this thorough and accessible resource.

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"This text provides the latest information, forms, and clear instructions to help you: conduct a patent search the right way, evaluate your idea's commercial potential, file a provisional patent application to get 'patent pending' status, prepare a patent application, focus on your patent application's claims, respond to patent examiners and more." - publisher's description

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This mini-treatise combines both a comprehensive view of the law itself with key academic insights that illuminates the many policy challenges in the area today.

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"This Nutshell provides a succinct description of the fundamentals of U.S. patent law. Ranging from the acquisition of patent rights to their enforcement, it contains an overview of relevant statutes, rules, and cases that collectively define this area of intellectual property law. Topics include claim construction, obviousness, anticipation, written description and enablement, infringement, remedies, and other notable doctrines. Patent law has evolved quickly in the past few years. This Nutshell captures those changes and relates them well to the overall fabric of intellectual property law. This reference is suitable for use by those with a beginner’s knowledge of patent law, but it has sufficient depth to be instructive for every practitioner in this exciting and dynamic field." - publisher's description

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The U.S. Patent and Trademark Office (USPTO) encourages participants to use alternative dispute resolution (ADR) processes during post grant proceedings to facilitate resolution of conflicts that have become exceedingly complex. The flexibility and benefits of ADR proceedings are based on the expertise of qualified neutrals such as experienced IP attorneys and former judges and magistrates who are uniquely equipped to evaluate IP issues and settle conflicts in a manner much more streamlined than a Patent Trial and Appeal Board (PTAB) proceeding. Patent Neutral: Expanding Use of ADR for Settlement of Patent Disputes at the PTAB describes how these neutrals can be engaged to help parties more efficiently decide IP conflicts, particularly proceedings at the USPTO. In this concise guide, Author David L. Newman covers all essential aspects of using ADR to resolve these disputes at the PTAB, including: The full use of mediation and arbitration during proceedings at the PTAB Resolution of …

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"Use Patent Pending in 24 Hours to file a provisional patent application (PPA), and mark your invention with 'patent pending.' With a PPA, you'll have time to figure out the profitability of your creation before you invest more time and money." -Publisher

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"This book will help you achieve your goals by showing you how to quickly check out any new idea, to see if anyone else has already patented it, verify the patent status of ideas submitted to you for development (if you are a potential developer), and save lots of money in legal fees." - from introduction

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As trials become less common today, the need for teaching and enhancing trial skills increases. These course materials are the result of the authors' fifteen years of teaching an advanced course in trial practice geared specifically to a patent infringement trial. This material had its genesis in a project for the American Bar Association and National Institute for Trial Advocacy as a program for practicing lawyers. Now in its third edition, the material has been refined specifically for undergraduate students at Georgetown University Law Center in Washington, D.C. The authors have now taught the course to several hundred undergraduate law students. Every aspect of these materials is focused on improving students' proficiency in one event: the trial of a patent case. This material is the perfect casebook for anyone who wishes to impart patent trial basics, or simply wants to improve their skills in this arena.

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Whether you're an inventor, designer, writer or programmer, you need to understand the language of intellectual property law. Otherwise, you can't intelligently deal with intellectual property issues such as: who owns creative works or valuable information; how owners can protect and enforce their ownership rights; how disputes between intellectual property owners can be resolved, and how ownership rights can best be transferred to others. With Patent, Copyright & Trademark, you will: get clear overviews of relevant laws; understand the different kinds of protection offered by patents, copyrights, trademarks and trade secrets, and which apply to your work; get a plain-English definition of every term you're likely to come across, and find the information you need, quickly and easily. All entries are organized by topic and extensively cross-referenced. This edition has been updated to reflect the latest changes in intellectual property law and provides the latest U.S. Patent and Tradema…

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For entrepreneurs, investors, creators, tinkers, and any business with products or processes that can be patented, Patents Demystified provides an easy-to-understand insider guide to patents, patent law, and the patent application process. Based on the author's first-hand experiences with both successful and failed companies of all sizes, you will learn the secrets of maximizing patent protection on any budget, with strategies that can be tailored to companies with any business plan or product. Instead of being intimidated and confused by patents, discover how to proactively work with a patent attorney to craft a customized patent strategy, thereby taking the mystery out of what can be an arduous, costly and complicated process. Topics include: The types of intellectual property Why invest in patent protection The U.S. Patent and Trademark Office (USPTO) examination processes Pre-filing procedures and considerations Prior art searching Choosing the type of application to file How to wo…

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Trials before the Patent Trial and Appeal Board (PTAB), introduced to U.S. patent law by the Leahy-Smith America Invents Act, are a hybrid of conventional patent prosecution and patent litigation practices. Successfully navigating a PTAB trial may entail tasks ranging from analyzing highly technical prior art to deposing scientific experts, drafting patent-claim amendments, and arguing at an oral hearing before an expert panel. Now updated and significantly expanded, the new Second Edition of The Practitioner's Guide to Trials Before the Patent Trial and Appeal Board is a concise resource for practitioners actively involved in managing the unique aspects of PTAB trials. Having handled several hundred PTAB proceedings, the authors share their practical experience in this developing area and provide a unique perspective for practitioners advising clients and planning strategy during PTAB trials. Organized for ease of use, the book's practice-focused information includes: A quick referenc…

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All pharmaceutical companies, whether they are an innovator or a generic, must navigate the same complex legal and regulatory framework to bring a product to market and fend off competition. Now completely updated, Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio, Second Edition, is an in-depth resource for learning about and planning for ANDA litigations and all the different avenues that pharmaceutical litigants could follow. From the perspective of an innovator company, patents are vital to protect new drug products both to recoup the initial investment and for future investments. For the innovator and patent owner, the patentee must be aware of the risk to those intellectual property rights and be prepared for any patent challenge. Both entities can use Pre-ANDA Litigation as a resource to help formulate a strategy before patent litigation begins. ANDA Patent litigations and strategies are complex and require the patent professional…

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Preliminary relief can play a critical role in facilitating resolution of a patent infringement dispute. The Supreme Court's decision in eBay Inc. v. MercExchange, LLC, which dealt with permanent injunctions in patent cases, significantly changed the legal landscape in the area of preliminary relief in the minds of many judges. Preliminary Relief in Patent Infringement Disputes addresses the issues that are most important in seeking preliminary injunctive relief in a patent case and provides a pertinent review of how such injunction requests have been treated by the Federal Circuit and district courts since the important eBay decision. The book begins with an overview of how preliminary relief is addressed in patent cases. Topics include legal and business considerations in seeking preliminary relief, the types of preliminary relief, pre- and post-filing considerations, and the likelihood of success on the merits. Other factors, such as irreparable harm, balance of hardships, and publ…

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"Using judicial opinions from leading casebooks along with numerous hypotheticals and examples, this text illustrates the many challenging issues and innovative trends in patent law today. Sections on basics such as patent law norms, policy, and patent history build the conceptual foundation for explorations of claims, patent prosecution, and complex aspects of patent law. International treaties and conventions that impact innovators, litigators, and policymakers are also covered in this comprehensive text." - publisher's description

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The First Book Devoted to Settlement of Patent Disputes. There two reasons for a book devoted to settlement of patent disputes and litigation. One is that settlement is more important than litigation. The effects of patents on people and businesses are overwhelmingly defined by the terms of settlement and license agreements and only rarely by judicial decisions. The other is that the subject of patent settlements has not received the attention it deserves. There are many books on litigation and licensing. Until now, there was no book directed to settlement. Organized in four sections, this resource is designed to help everyone involved improve patent settlement outcomes and processes. Throughout the book, numerous charts and graphs demonstrate the book's key concepts and pertinent data. Many charts are shown in color for ease of use. Economics of Settlement. Business people deal with patents primarily based on economic results. They decide between litigation and a variety of possible …

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One man Steve Jobs outspokenly admired was Edwin Land, the creator of Polaroid's instant photography. Jobs revered Land as "a national treasure," and modeled much of his career after his. Neither had a college degree, but both men built highly successful, innovative organizations. Both were perfectionists, micro-managers with fanatic attention to detail, consummate showmen and marketers. In many ways, Edwin Land was the original Steve Jobs. This riveting biography from the American Bar Association, visits the spectacular life of Edwin Land, breakthrough inventor. At the time of his death, he stood third on the list of our most prolific inventors, behind only Thomas Edison and one of Edison's colleagues. Land's most famous achievement of course, was the creation of a type of film and camera that could produce a photographic print an instant after the picture was taken. The book takes you behind the scenes of his discoveries, his triumphs, and defeats. This book presents an unprecedented…

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This timely and up-to-date Hornbook comprehensively examines topics such as Internet technologies, Internet governance, global consumer protection, cybertorts, Internet-related privacy, copyright, trademarks and domain names.

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"Global Internet Law in a Nutshell presents a very timely overview of legal issues that arise from the World Wide Web. Topics include Internet-driven technologies such as Artificial Intelligence, Machine Learning Bitcoins, The Internet of Things, 3D Products Liability, and Driverless Cars. This edition emphasizes the legal and policy issues arising out of social media such as Twitter’s decision to permanently ban President Trump from its platform. The goal is to provide the reader with an up-to-date summary of the most important new cases and statutory developments. Each chapter provides the latest developments in Internet Law from the European Union such as the General Data Protection Regulation, which is setting a global standard for privacy and data protection. Each chapter has examples and explanations of Internet Law developments from around the world. This Nutshell provides global coverage of recurring Internet issues that lawyers and law students will encounter in practice. It a…

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Legal experts agree that trade secrets are extremely important to the U.S. economy. The estimated value of trade secrets in the United States is a staggering $5 trillion, and corporations spend billions of dollars to protect their trade secrets. Research shows that billions of dollars are lost each year as a result of trade secret theft. In 2002, the Office of the National Counterintelligence Executive reported $300 billion in losses as the result of industrial espionage. Guide to Protecting and Litigating Trade Secrets focuses on several large jurisdictions in which trade secret cases are heavily litigated to illustrate the concepts, but the analysis also includes other jurisdictions to demonstrate the differing approaches to the treatment of trade secrets. In addition to a broader, more academic look at trade secret law, the book also draws on current, real-life examples of trade secret nightmares and the litigation experience of its primary authors to provide practical advice to th…

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Trade secrets are of great and increasing importance to the U.S. economy, representing the vast majority of U.S. intellectual property. Corporations spend billions of dollars to protect their trade secrets, but with data breaches on the rise, the scenario of the ever-increasing threats to trade secret protection is bleaker than ever. Because of this, trade secret litigation is increasing at a phenomenal rate. As a result of the ever-increasing number of trade secret lawsuits, litigants have paid and juries have awarded hundreds of millions—even billions—of dollars. This book is intended to help business executives and in-house counsel take control of and protect what may be their business's most valuable asset—its trade secrets. In addition to a broader, more academic look at trade secret law, the book also draws on current, real-life examples of trade secret nightmares and the litigation experience of its primary authors to provide practical advice to the business ow…

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"Minimize research time and prepare federal trademark registrations in the U.S. Patent and Trademark Office with more than 200 practice-tested ready-to-use forms available in both hard copy and electronically. Step-by-step instructions guide you through client forms, searches and other pre-filing activities, applications for registration, responses to office actions, renewals and more. " -publisher's description

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The thorough Guide to Trademark Trial and Appeal Board (TTAB) Practice takes you step-by-step through the entire process, covering claims for relief, defenses that can be asserted in opposition and cancellation proceedings, motion practice, mailing and service, discovery, evidence, proving your case, objecting to evidence, appeals, settlement and more.

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"Authors Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patents, trademarks, and copyright laws. Authoritative treatment of all relevant doctrines and the latest statutory and judicial changes. Text further addresses relevant torts, property, antitrust, regulatory, and federalism intersections with intellectual property law." - publisher's description

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"This work provides a comprehensive treatment of all three major branches of intellectual property law, surveying basic principles and emerging issues. The book summarizes what is clear, identifies what is unsettled, and offers concise views on how some open issues might be sensibly resolved. This text also deals with a variety of related intellectual property topics, including state laws governing the misappropriation of intangibles, state protection for the right of publicity and for trade secrets, and both federal and state rules concerning false advertising and deceptive trade practices. The authors use numerous examples to guide you through various technical areas." - publisher's description

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"This guide offers a broad summary of the law of intellectual property (patents, copyrights trademarks, trade secrets, and a variety of other sui generis forms of protection for innovations and creativity) and the law of unfair competition (trademark infringement, passing off, trade disparagement, and deceptive advertising).It also touches on related fields of law, such as antitrust, consumer protection, regulated industries, and the law governing interference with contractual and noncontractual relations." - publisher's description

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Now completely updated, this one-of-its-kind treatment provides invaluable analysis and practical insights from an array of experienced attorneys who practice before the U.S. Trademark Trial and Appeal Board. This edition considers all relevant case law, as well as the 2017 and 2019 changes to the Board's rules. Every chapter clearly describes and analyzes a separate facet of Board practice and concludes with a valuable checklist of items for practitioners to bear in mind during each stage of a Board proceeding. Topics include: Inter partes matters and prefiling considerations Pleadings and commencement of proceedings Disclosures and discovery Motion practice Trial procedures and rules of evidence The use of experts Briefs on final hearing and oral argument Appeals from final TTAB decisions Settlement, alternative dispute resolution, and accelerated case resolution Ex parte appeals Ethical issues when practicing before the Board

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"Turn to Nolo's Encyclopedia of Everyday Law for answers to everyday legal questions that come up in all aspects of life. Easily locate concise explanations about legal issues including: - credit, debt, and bankruptcy - divorce, child custody, and visitation - wills, living trusts, and estate planning" -- from the publisher

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Whether you're an inventor, designer, writer or programmer, you need to understand the language of intellectual property law. Otherwise, you can't intelligently deal with intellectual property issues such as: who owns creative works or valuable information; how owners can protect and enforce their ownership rights; how disputes between intellectual property owners can be resolved, and how ownership rights can best be transferred to others. With Patent, Copyright & Trademark, you will: get clear overviews of relevant laws; understand the different kinds of protection offered by patents, copyrights, trademarks and trade secrets, and which apply to your work; get a plain-English definition of every term you're likely to come across, and find the information you need, quickly and easily. All entries are organized by topic and extensively cross-referenced. This edition has been updated to reflect the latest changes in intellectual property law and provides the latest U.S. Patent and Tradema…

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This title from West Academic’s Concise Hornbook series provides comprehensive coverage of trademark laws. Topics addressed include trademark acquisition, validity, infringement, and dilution, as well as discussion on licensing and assignments, online trademark issues, and international aspects of trademark protection.

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Trade secrets are an essential component of a well-rounded intellectual property portfolio and the breadth of available protection can be extensive. Author Chris Scott Graham is a general commercial/technology litigator practicing in Silicon Valley for well over twenty-five years and has handled several dozen trade secret cases. He's found that many companies take the first step in creating protections only after an overt act of misappropriation and when those events arise, company executives have a tendency to demand rapid action from their general litigation counsel, who in turn may not have experience with the practical issues that exist when handling trade secret litigation. In this important resource he explores the questions of trade secret identification, protection, and economic value from the standpoint of what executives, the board of directors, and the general counsel must consider when faced with the prospect of trade secret litigation. While the main focus is on the trade…

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While many companies have sophisticated processes to capture the inventions and expressions of ideas that may be subject to patent or copyright protection, few companies give significant thought to the practicalities involved in protecting their trade secrets, and yet they are a critical component of a well-rounded intellectual property. This updated edition of Protecting Trade Secrets Before, During, and After Litigation is an essential resource for any trial lawyer or in-house counsel. With over 35 years of experience as a litigator, Chris Scott Graham provides practical advice to help clients and litigation teams establish protocols for identifying trade secrets, evaluating risk, and effectively strategizing when confronting the prospect of trade secret litigation.

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"Trade Secret Law is the first and only book in the Nutshell series to cover trade secret law in depth. It was written as a companion to Cases and Materials on Trade Secret Law by Rowe and Sandeen (the first casebook on trade secret law), but adds more practical advice. Thus, it is a useful resource for attorneys and law students alike. It could be a supplement to a course on trade secret law or an IP survey course that covers trade secret law, as most now do. Like the casebook, it focuses on the predominate law governing trade secrets in the U.S.: The Uniform Trade Secrets Act (now applicable in 47 of 50 states). The Trade Secret Law in a Nutshell addresses both international and criminal enforcement of trade secret rights. The Second Edition includes significant legal developments, including coverage of the Defend Trade Secrets Act of 2016." - publisher's description

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"This book explains: how trademark rules affect business, how to choose the best trademark for your business, how to find out whether other businesses are using similar trademarks, how to federally register your trademark, the relationship between domain names and trademarks, how to maintain your trademark rights, how to evaluate claims of trademark infringement, and the basics of international trademark protection." - from the introduction

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Trademark and Copyright Disputes: Litigation Forms and Analysis provides timesaving, practice-proven forms, checklists, and analysis that help you handle your next intellectual property dispute with ease. Organized in the sequence of a litigation process, starting with the complaint and ending with appeals, you'll find commentaries covering virtually every area of copyright and trademark litigation in federal court and before other administrative bodies, such as ICANN arbitration, and International Trademark Commission actions.

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"This text provides a comprehensive treatment of the law of trademark, unfair competition, false advertising, and the right of publicity." - publisher's description

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This is the first practical treatise of its kind to approach trademark law from a fully integrated legal and business perspective. It walks you through the major areas of trademark practice: selecting and adopting trademarks; perfecting, exploiting, and maintaining trademark rights, asserting and defending against trademark claims; and business issues in trademark ownership. You'll find clear, concise explanations and illustrative case examples to help you take a course of action in the full range of business scenarios. This book covers every key area, including trademark selection and adoption, trademark registration, trade dress; conducting due diligence, fair use of the trademarks of others, enforcement letters, and more.

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The third edition of this guide to Section 337 investigations reflects insights from decades of cumulative experience before the U.S. International Trade Commission. As practice under Section 337 has increasingly grown, particularly in the last several years, so has interpretation of the law. Many precepts once taken for granted have been overruled and others have arisen that will survive until challenged in the future. This revised and essential guide provides an introduction to practice under Section 337 before the U.S. International Trade Commission for those who are not familiar with it, or for those who want a quick update about what to expect when filing a complaint or in being named as a respondent in a Section 337 investigation. A Lawyer's Guide to Section 337 Investigations Before the U.S. International Trade Commission includes informed analysis and explanation of the participants in these investigations and discusses the unique role played by the ITC. It also focuses on the …

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Now completely updated, this one-of-its-kind treatment provides invaluable analysis and practical insights from an array of experienced attorneys who practice before the U.S. Trademark Trial and Appeal Board. This edition considers all relevant case law, as well as the 2017 and 2019 changes to the Board's rules. Every chapter clearly describes and analyzes a separate facet of Board practice and concludes with a valuable checklist of items for practitioners to bear in mind during each stage of a Board proceeding. Topics include: Inter partes matters and prefiling considerations Pleadings and commencement of proceedings Disclosures and discovery Motion practice Trial procedures and rules of evidence The use of experts Briefs on final hearing and oral argument Appeals from final TTAB decisions Settlement, alternative dispute resolution, and accelerated case resolution Ex parte appeals Ethical issues when practicing before the Board

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One man Steve Jobs outspokenly admired was Edwin Land, the creator of Polaroid's instant photography. Jobs revered Land as "a national treasure," and modeled much of his career after his. Neither had a college degree, but both men built highly successful, innovative organizations. Both were perfectionists, micro-managers with fanatic attention to detail, consummate showmen and marketers. In many ways, Edwin Land was the original Steve Jobs. This riveting biography from the American Bar Association, visits the spectacular life of Edwin Land, breakthrough inventor. At the time of his death, he stood third on the list of our most prolific inventors, behind only Thomas Edison and one of Edison's colleagues. Land's most famous achievement of course, was the creation of a type of film and camera that could produce a photographic print an instant after the picture was taken. The book takes you behind the scenes of his discoveries, his triumphs, and defeats. This book presents an unprecedented…

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Considering the large number of IP cases that settle every year and the significant financial and business risks this avoids, specialized knowledge and experience in the practice of ADR is a must. This updated and expanded guide will help you learn the skills necessary to expertly represent clients when using alternative dispute resolution (ADR) in intellectual property disputes. From negotiating agreements with dispute resolution clauses, counseling clients about ADR, and evaluating the terms of settlement, this must-have resource combines the wisdom of attorneys, neutrals, judges, academics and clients to give you the strategies and practical expertise for applying ADR in the simplest to most complex IP cases. Topics include: Uses of ADR in IP and technology disputes Drafting pre-dispute ADR provisions in IP agreements, including sample clauses Early case assessment analysis to better manage a dispute Initial damages assessments Mediation and how to prepare for it Making the decisi…

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Representing a compromise in the pharmaceutical industry in balancing patent exclusivity against market competition, the effect of the Drug Price Competition and Patent Term Restoration Act (commonly known as the Hatch-Waxman Act) on controlling the pharmaceutical market remains unsettled. Amendments to the original act included provisions for an abbreviated process for FDA approval of generic versions of patented pharmaceuticals through the filing of an Abbreviated New Drug Application (ANDA) and the right to initiate patent litigation against an applicant. This law has resulted in ANDA litigation cases and a constant struggle to shape the landscape of the patent and regulatory regime governing FDA approved patented and generic drugs. The Hatch-Waxman Act with it amendments is a hybrid of two already complex areas of the law — U.S. patent law and FDA regulatory law—which makes patent litigation in this area especially complicated and hotly contested. Now updated and expand…

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The intersection of intellectual property law and antitrust law is busy and complicated, and there's no reason to believe that the heavy traffic will abate anytime soon. In the past year alone, the congress, regulators and courts have all made significant statements affecting the historical balance between the competing policies underlying intellectual property and antitrust law. Antitrust Issues in Intellectual Property Law focuses on recent developments, helping the IP practitioner stay informed about the law and the many ways in which antitrust law limits, disciplines, and counterbalances intellectual property law and vice versa. Topics cover antitrust issues in these areas of intellectual property law: Acquisition, procurement, and ownership Licensing Litigation Settlements under the Hatch-Waxman Act Incorporation of IP into a standard set by a standard-setting organization (SSO)

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This book provides a review of the application of the antitrust and competition laws of nineteen leading jurisdictions around the world to common issues arising in patent, copyright and trademark licensing agreements. The volume is intended to serve as a comprehensive overview for those seeking to understand how various jurisdictions approach the intersection of intellectual property and competition law as well as a practical reference guide for practitioners and corporate counsel dealing with specific licensing issues in individual jurisdictions or in global licensing agreements. The volume results from extensive work by leading antitrust and intellectual property experts in the United States, Canada, Argentina, Brazil, the European Union and six individual European countries, Israel, South Africa, China, Japan, Korea, Taiwan, Australia and New Zealand. Each chapter begins with a brief overview of the jurisdiction's antitrust or competition laws and intellectual property laws. The mai…

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?Patent litigation is increasingly prevalent today, but this use of the courts to resolve disputes makes the process significantly more expensive for the client, sometimes prohibitively so. Many patent disputes can't bear the level of expense that comes with the territory of a jury trial in federal court. Arbitration can provide a productive path for getting smaller cases resolved so that the entry fee doesn't end up being more than the prize. Arbitrating Patent Disputes provides a practical, clear, step-by-step guide to arbitration, covering everything from evaluating whether it makes sense to include arbitration in the patent-related agreement, to drafting the clause, pre-hearing preparation, presenting the most robust case during the hearing, enforcing or attacking the award, and handling appeals.

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This nutshell overviews art as an investment; it discusses topics from contracts to trademarks and explores auctions, authentication, insurance, and tax issues for collectors, dealers, and artists.

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This valuable deskbook provides you with a resource for understanding the issues surrounding IP, the Internet, and bankruptcy. It allows the bankruptcy practitioner dealing with IP, and the IP expert dealing with bankruptcy and insolvency, to understand the issues and approach them in a practical manner. As a readily available reference, the deskbook provides deeper analysis of some of the more prevalent issues and important cases in this subject area. The book consists of three segments with the initial chapters focusing on intersections between IP, technology, and bankruptcy; presuming a basic understanding of the underlying legal systems. Also included are discussions on: bankruptcy treatment of intellectual property assets the involved and complex rules governing bankruptcy treatment of intellectual property licenses intellectual property as collateral, primarily the perfection issues that arise during bankruptcy cases bankruptcy and cyber-assets, such as domain names, Internet con…

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Careers in IP Law offers a "day-in-the-life" guide with advice from expert intellectual property practitioners. The book helps students and those who are changing careers and provides detailed information on different practice areas: patent, trademark, copyright, trade secret, and new media. Careers in IP Law covers a key focus on employment opportunities, including a listing of career-related resources and relevant publications. Table of Contents • Getting Your Feet Wet: An Introduction to Intellectual Property Law and Practice • Get Ready, Get Set: Preparing to Practice Intellectual Property Law during Law School or Preparing to Make a Change as an Established Lawyer • Promoting the Progress of Science . . . Patent Law as a Specialty • And the Useful Arts: Copyright Law as a Specialty • What's in a Name?: Trademark Law as a Specialty • IP Goes Incognito: Trade Secret Law as a Specialty • What Now?: Common Intellectual Property Practice Areas • The Sky's the Limit: Employment …

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?The intersection between intellectual property law and video games and immersive entertainment is exciting, fast-paced, and complex, as technology evolves at breakneck speed and often outpaces established case law. Game developers routinely wrestle with all aspects of IP law and need counsel on end-user license agreements; ownership and challenges of user-generated content; the scope and limitations of copyright protection; remedies for trade secret appropriation; duration of right of publicity protection; approaches for simulating reality without running afoul of existing trademark and brand rights of real-world companies and people; ramifications of international law; and more. This new edition of Computer Games and Immersive Entertainment covers a broader range of topics and helps lawyers understand the ongoing changes, developing creative and nimble solutions to protect companies while still engaging the players.

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The text provides a clear and thorough exploration of the doctrinal and policy issues in American copyright in a style accessible to both new and advanced intellectual property students.

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"This product offers a compact yet comprehensive and up-to-date overview of U.S. copyright law in an uncluttered and readable format. Coverage ranges from the fundamental concepts of originality, authorship, and infringement to the highly technical rules governing digital phonorecord deliveries and digital public performance rights in sound recordings, the safe harbor provisions that limit the liability of Internet service providers, and the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. This updated edition includes detailed analysis of the changes introduced by the Music Modernization Act of 2018, as well as the creation of the Copyright Claims Board. The evolving doctrines of fair use and contributory liability are also given thorough attention." - publisher's description

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Providing "best practices" for copyright litigation from many of the foremost names in the world of copyright law, this handbook is organized to break down a copyright case into the various phases of litigation—from what to consider before filing suit, to all the way through an appeal. With a focus on providing litigators with practical guidance on making strategic decisions throughout the life of a copyright case, Copyright Litigation Strategies is a comprehensive guide that explores all aspects of copyright litigation strategies, including: Pre-litigation considerations and analysis Alternative dispute resolution Formulating discovery plans Third-party discovery Foreign discovery Handling depositions Working with experts Motion practice The trial Proving infringement Defeating infringement claims Evidence Appeals, and more

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Art is in the eye of the beholder, but the protection of the rights of artists and other creators is in the eye of the legislator. Copyright Termination and Recapture Laws describes the history of Congressional efforts to give creators of copyright protected works an opportunity to renegotiate transfer agreements and related licensing agreements, first via a two-term system under the 1909 Act, and then via a termination and recapture system under the 1976 Act. This book extensively evaluates the policy and legislative evolution, and provides thoughtful guidance on how practitioners can create, submit, and effectively prosecute termination requests under current law.

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The online environment is constantly evolving, and the case law and processes under the Digital Millennium Copyright Act (DMCA) are always changing to keep pace. The second edition of the DMCA Handbook provides a practical understanding of what online service providers (OSPs and ISPs), website owners, content creators, and copyright owners need to know to protect their respective online interests and enjoy immunity from infringement. This resource provides a quick-start guide for focusing on basic requirements to prepare and file the forms and notices relevant to specific pursuits. It also offers a more in-depth analysis of the DMCA process and case law for those who want additional background about the origins and operation of the DMCA regime. Inside the book and on its related website are essential DMCA forms and appendices, that include: Letter the OSP Promptly Sends to Alleged Infringer DMCA Take-Down Notice Sent by Copyright Owner to OSP (Fill-in or Automated) DMCA Designated …

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This concise title provides a basic but comprehensive survey of entertainment law.

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"This respected resource provides up-to-date, integrated coverage of the law of trade secrets, copyright, trademarks and patents, ideas, and non-competition agreements. It covers the latest legal developments in such hot areas as biotechnology, intellectual property, due diligence, software protection, copyright infringement, ownership of employee inventions, and more. By Michael A. Epstein." - publisher's description

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Do you need to use someone else's image, text, or music in your next project? This book will teach you all about how to find and use copyrighted works or works in the public domain.

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This timely and up-to-date Hornbook comprehensively examines topics such as Internet technologies, Internet governance, global consumer protection, cybertorts, Internet-related privacy, copyright, trademarks and domain names.

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"Global Internet Law in a Nutshell presents a very timely overview of legal issues that arise from the World Wide Web. Topics include Internet-driven technologies such as Artificial Intelligence, Machine Learning Bitcoins, The Internet of Things, 3D Products Liability, and Driverless Cars. This edition emphasizes the legal and policy issues arising out of social media such as Twitter’s decision to permanently ban President Trump from its platform. The goal is to provide the reader with an up-to-date summary of the most important new cases and statutory developments. Each chapter provides the latest developments in Internet Law from the European Union such as the General Data Protection Regulation, which is setting a global standard for privacy and data protection. Each chapter has examples and explanations of Internet Law developments from around the world. This Nutshell provides global coverage of recurring Internet issues that lawyers and law students will encounter in practice. It a…

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Legal experts agree that trade secrets are extremely important to the U.S. economy. The estimated value of trade secrets in the United States is a staggering $5 trillion, and corporations spend billions of dollars to protect their trade secrets. Research shows that billions of dollars are lost each year as a result of trade secret theft. In 2002, the Office of the National Counterintelligence Executive reported $300 billion in losses as the result of industrial espionage. Guide to Protecting and Litigating Trade Secrets focuses on several large jurisdictions in which trade secret cases are heavily litigated to illustrate the concepts, but the analysis also includes other jurisdictions to demonstrate the differing approaches to the treatment of trade secrets. In addition to a broader, more academic look at trade secret law, the book also draws on current, real-life examples of trade secret nightmares and the litigation experience of its primary authors to provide practical advice to th…

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Trade secrets are of great and increasing importance to the U.S. economy, representing the vast majority of U.S. intellectual property. Corporations spend billions of dollars to protect their trade secrets, but with data breaches on the rise, the scenario of the ever-increasing threats to trade secret protection is bleaker than ever. Because of this, trade secret litigation is increasing at a phenomenal rate. As a result of the ever-increasing number of trade secret lawsuits, litigants have paid and juries have awarded hundreds of millions—even billions—of dollars. This book is intended to help business executives and in-house counsel take control of and protect what may be their business's most valuable asset—its trade secrets. In addition to a broader, more academic look at trade secret law, the book also draws on current, real-life examples of trade secret nightmares and the litigation experience of its primary authors to provide practical advice to the business ow…

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"Minimize research time and prepare federal trademark registrations in the U.S. Patent and Trademark Office with more than 200 practice-tested ready-to-use forms available in both hard copy and electronically. Step-by-step instructions guide you through client forms, searches and other pre-filing activities, applications for registration, responses to office actions, renewals and more. " -publisher's description

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The thorough Guide to Trademark Trial and Appeal Board (TTAB) Practice takes you step-by-step through the entire process, covering claims for relief, defenses that can be asserted in opposition and cancellation proceedings, motion practice, mailing and service, discovery, evidence, proving your case, objecting to evidence, appeals, settlement and more.

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"Written by Patrick J. Flinn, an intellectual property specialist from Alston & Bird in Atlanta, GA, Handbook of Intellectual Property Claims and Remedies offers step-by-step guidance on how to maximize -- or minimize -- possible remedies at all stages of [intellectual property] litigation, from pre-filing decisions through appeals." - publisher's description

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A straightforward guide to inventing, patenting, and technology commercialization for scientists and engineersAlthough chemists, physicists, biologists, polymer scientists, and engineers in industry are involved in potentially patentable work, they are often under-prepared for this all-important field. This book provides a clear, jargon-free, and comprehensive overview of the patenting process tailored specifically to the needs of scientists and engineers, including:Requirements for a patentable inventionHow to inventNew laws created by President Obama's 2011 America Invents ActThe process of applying for and obtaining a patent in the U.S. and in foreign countriesCommercializing inventions and the importance of innovationBased on lecture notes refined over twenty-five years at The University of Akron, How to Invent and Protect Your Invention contains practical advice, colorful examples, and a wealth of personal experience from...

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"Save money: draw it yourself create your own patent drawings! make design or utility patent drawings, utilize pen and paper, or digital equipment, learn official patent drawing guidelines,ad respond to USPTO regarding drawings" - publisher's description

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"Authors Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patents, trademarks, and copyright laws. Authoritative treatment of all relevant doctrines and the latest statutory and judicial changes. Text further addresses relevant torts, property, antitrust, regulatory, and federalism intersections with intellectual property law." - publisher's description

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"This work provides a comprehensive treatment of all three major branches of intellectual property law, surveying basic principles and emerging issues. The book summarizes what is clear, identifies what is unsettled, and offers concise views on how some open issues might be sensibly resolved. This text also deals with a variety of related intellectual property topics, including state laws governing the misappropriation of intangibles, state protection for the right of publicity and for trade secrets, and both federal and state rules concerning false advertising and deceptive trade practices. The authors use numerous examples to guide you through various technical areas." - publisher's description

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The Intellectual Property Committee of the Section of Antitrust Law is pleased to present this second edition of the Intellectual Property and Antitrust Handbook on one of the most interesting and complex subjects facing antitrust practitioners: the intersection of antitrust and intellectual property law. Long viewed as in conflict, today's antitrust practitioners, courts, and agencies now generally recognize that antitrust and intellectual property laws are complementary, as they both seek to promote consumer welfare by increasing competition and innovation.

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"This guide offers a broad summary of the law of intellectual property (patents, copyrights trademarks, trade secrets, and a variety of other sui generis forms of protection for innovations and creativity) and the law of unfair competition (trademark infringement, passing off, trade disparagement, and deceptive advertising).It also touches on related fields of law, such as antitrust, consumer protection, regulated industries, and the law governing interference with contractual and noncontractual relations." - publisher's description

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"Provides information about litigation relating to patent, trademark, copyright, trade secrets, the Internet, and related unfair competition cases." - publisher's description.

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Patent misuse is an affirmative defense to an action for patent infringement or for royalties under a license that arises when the patentee engages in certain anticompetitive conduct, or conduct contrary to public policy, using the patent in suit. The misuse doctrine protects against conduct that impermissibly extends intellectual property rights beyond their lawful scope. As a result, the modern misuse doctrine straddles the intersection of intellectual property law and antitrust—it borrows from both, but is completely at home in neither. This makes misuse a challenging landscape to navigate for antitrust and intellectual property practitioners alike. This book provides an update on new developments in the law since the first edition, and provides a practical, practitioner-orientated approach to understanding and applying misuse doctrine.

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Invention Analysis and Claiming: A Patent Lawyer's Guide, Second Edition , presents a comprehensive approach to analyzing inventions and capturing them in a sophisticated set of patent claims. A central theme is the importance of using the problem-solution paradigm to identify the "inventive concept" before the claim-drafting begins. The book's teachings are grounded in "old school" principles of patent practice that, before now, have been learned only on the job from supervisors and mentors. In addition, a new chapter is devoted to means-plus-function claiming--explaining its history, how the Federal Circuit case law has dramatically affected the practice in this realm, and how the patent practitioner can secure appropriately broad coverage for the inventive concept while not triggering "means-plus-function treatment." Questions at the end of each chapter have been added to:  •  Confirm the understanding of the principles presented  •  Explore the jurisp…

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Before China's entry into the World Trade Organization (WTO), the Chinese IP regime was out-of-step with international standards. China has made rapid progress since then. To obtain approval for entry, it made all the necessary amendments to its Patent Law, Copyright Law, and the Trademark Law, and also revised relevant Implementation Rules to bring such measures into compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Despite full compliance with these standards, the Chinese IP system still involves distinct characteristics: for example, enforcement power is divided between two powerful and independent branches of the government, which can surprise U.S. practitioners accustomed to using the judicial branch as the primary means for addressing IP infringement issues. Written by twenty legal practitioners who are extraordinarily familiar with China's intellectual property laws, this state-of-the-art book discusses and summarizes the protection …

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?Medical device professionals encounter numerous challenges from successfully developing a medical device company to understanding and navigating the various intellectual property issues that arise as they seek to protect and commercialize their inventions. IP Strategies for Medical Device Technologies is an essential resource for inventors, attorneys, IP professionals, or anyone with an interest in medical device IP for understanding the nuances of protecting and launching a medical device in the United States and abroad. Written by IP and patent attorneys with experience representing the unique business needs of startups, entrepreneurs, and early-stage companies, this guide covers creating and leveraging patent portfolios; freedom to operate; limiting risk of infringement; trademarks in the context of medical devices; strategies for licensing and monetizing patents; and more.

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?This is an invaluable and timely resource for attorneys who need a basic grounding in the principles and financial standards of intellectual property valuation, and who will also benefit from a basic review of the core attributes, categories and permutations of the various intellectual properties. This book's straightforward discussion is also useful for bankers, financial professionals, and venture capitalists who want a better understanding of the basic legal framework and current trends affecting intellectual property, litigation, legislation, and categorization of new forms of IP and related intangible assets.

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"This guide provides expert coverage of the classic issues, including basic price theory; definitions of efficiency; the Coase Theorem; and the economics of contract law, tort law, criminal law, regulation, antitrust, and intellectual property. The text also discusses less conventional topics such as public choice, what it means to be a rational maximizer of self-interest, the assumptions underlying economic analysis as applied to law, limitations on the application of economic theory to law, the theory of second best, the prisoner’s dilemma, the economics of marriage, the economics of inheritance, evolutionary theories of law, the economics of settlement, and the implications of recent research into happiness." - publisher's description

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"This up-to-date legal resource covers electronic commerce and online contracts, privacy and network security, intellectual property and online content management, secure electronic transactions, cryptography, and digital signatures, protecting intellectual property online through link licenses, frame control and other methods, online financial services and securities transactions, antitrust and other liability." -publisher's description

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"License Agreements: Forms and Checklists, Second Edition puts at your fingertips -- and on your computer screen -- all the critical tools needed to draft, negotiate, and finalize licensing deals more quickly and effectively." - publisher's description

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"This valuable reference presents the 'going' royalty rate for virtually any product, including over 1,500 products and services in ten lucrative categories—art, celebrity, character and entertainment, collegiate, corporate, designer, event, sports, nonprofit and music. The essential reference for both beginning and more experienced licensing professionals." - publisher's description

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"Licensing Update 2019 is organized as a handy "quick reference" to help you save time in structuring stronger agreements to protect your licensing interest. You'll get extensive coverage of developments in audit and accounting practices, tax considerations, antitrust concerns and many of the bottom-line issues that you need to address to ensure day-to-day profitability of your license agreements." -publisher's description

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This e-book is a great introduction to "music law" for anyone in a band. Music law includes things like forming a legal partnership, copyright and song ownership, selling and licensing your music, album artwork, and keeping track of the band's income.

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"Turn to Nolo's Encyclopedia of Everyday Law for answers to everyday legal questions that come up in all aspects of life. Easily locate concise explanations about legal issues including: - credit, debt, and bankruptcy - divorce, child custody, and visitation - wills, living trusts, and estate planning" -- from the publisher

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"A brilliantly clear and up-to-date patent guide. What are patents? Why do you need one? How do you get it? Here's the primer every first-time inventor needs. Nolo's Patents for Beginners defines what a patent is and what it can do for you. Step by step, it explains how to: use basic patent principles, conduct a patent search, acquire patent rights." - publisher's description

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?Anyone involved with patent searching and risk management requires the proper tools and methodology to successfully avoid patent infringement. Patent Freedom to Operate Searches, Opinions, Techniques, and Studies is designed to build the necessary competencies, techniques, and best practices. Addressing a wide range of topics, this book covers: conducting and organizing freedom-to-operate studies to obtain actionable data; analyzing the results of those searches; developing appropriate risk management strategies; and preserving the information and analysis in order to be fully protected in the future. Everyone from in-house and private practice attorneys to businesspeople, non-lawyer patent professionals, engineers, and academics will find utility in this thorough and accessible resource.

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"This text provides the latest information, forms, and clear instructions to help you: conduct a patent search the right way, evaluate your idea's commercial potential, file a provisional patent application to get 'patent pending' status, prepare a patent application, focus on your patent application's claims, respond to patent examiners and more." - publisher's description

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This mini-treatise combines both a comprehensive view of the law itself with key academic insights that illuminates the many policy challenges in the area today.

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"This Nutshell provides a succinct description of the fundamentals of U.S. patent law. Ranging from the acquisition of patent rights to their enforcement, it contains an overview of relevant statutes, rules, and cases that collectively define this area of intellectual property law. Topics include claim construction, obviousness, anticipation, written description and enablement, infringement, remedies, and other notable doctrines. Patent law has evolved quickly in the past few years. This Nutshell captures those changes and relates them well to the overall fabric of intellectual property law. This reference is suitable for use by those with a beginner’s knowledge of patent law, but it has sufficient depth to be instructive for every practitioner in this exciting and dynamic field." - publisher's description

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The U.S. Patent and Trademark Office (USPTO) encourages participants to use alternative dispute resolution (ADR) processes during post grant proceedings to facilitate resolution of conflicts that have become exceedingly complex. The flexibility and benefits of ADR proceedings are based on the expertise of qualified neutrals such as experienced IP attorneys and former judges and magistrates who are uniquely equipped to evaluate IP issues and settle conflicts in a manner much more streamlined than a Patent Trial and Appeal Board (PTAB) proceeding. Patent Neutral: Expanding Use of ADR for Settlement of Patent Disputes at the PTAB describes how these neutrals can be engaged to help parties more efficiently decide IP conflicts, particularly proceedings at the USPTO. In this concise guide, Author David L. Newman covers all essential aspects of using ADR to resolve these disputes at the PTAB, including: The full use of mediation and arbitration during proceedings at the PTAB Resolution of …

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"Use Patent Pending in 24 Hours to file a provisional patent application (PPA), and mark your invention with 'patent pending.' With a PPA, you'll have time to figure out the profitability of your creation before you invest more time and money." -Publisher

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"This book will help you achieve your goals by showing you how to quickly check out any new idea, to see if anyone else has already patented it, verify the patent status of ideas submitted to you for development (if you are a potential developer), and save lots of money in legal fees." - from introduction

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As trials become less common today, the need for teaching and enhancing trial skills increases. These course materials are the result of the authors' fifteen years of teaching an advanced course in trial practice geared specifically to a patent infringement trial. This material had its genesis in a project for the American Bar Association and National Institute for Trial Advocacy as a program for practicing lawyers. Now in its third edition, the material has been refined specifically for undergraduate students at Georgetown University Law Center in Washington, D.C. The authors have now taught the course to several hundred undergraduate law students. Every aspect of these materials is focused on improving students' proficiency in one event: the trial of a patent case. This material is the perfect casebook for anyone who wishes to impart patent trial basics, or simply wants to improve their skills in this arena.

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Whether you're an inventor, designer, writer or programmer, you need to understand the language of intellectual property law. Otherwise, you can't intelligently deal with intellectual property issues such as: who owns creative works or valuable information; how owners can protect and enforce their ownership rights; how disputes between intellectual property owners can be resolved, and how ownership rights can best be transferred to others. With Patent, Copyright & Trademark, you will: get clear overviews of relevant laws; understand the different kinds of protection offered by patents, copyrights, trademarks and trade secrets, and which apply to your work; get a plain-English definition of every term you're likely to come across, and find the information you need, quickly and easily. All entries are organized by topic and extensively cross-referenced. This edition has been updated to reflect the latest changes in intellectual property law and provides the latest U.S. Patent and Tradema…

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For entrepreneurs, investors, creators, tinkers, and any business with products or processes that can be patented, Patents Demystified provides an easy-to-understand insider guide to patents, patent law, and the patent application process. Based on the author's first-hand experiences with both successful and failed companies of all sizes, you will learn the secrets of maximizing patent protection on any budget, with strategies that can be tailored to companies with any business plan or product. Instead of being intimidated and confused by patents, discover how to proactively work with a patent attorney to craft a customized patent strategy, thereby taking the mystery out of what can be an arduous, costly and complicated process. Topics include: The types of intellectual property Why invest in patent protection The U.S. Patent and Trademark Office (USPTO) examination processes Pre-filing procedures and considerations Prior art searching Choosing the type of application to file How to wo…

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All pharmaceutical companies, whether they are an innovator or a generic, must navigate the same complex legal and regulatory framework to bring a product to market and fend off competition. Now completely updated, Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio, Second Edition, is an in-depth resource for learning about and planning for ANDA litigations and all the different avenues that pharmaceutical litigants could follow. From the perspective of an innovator company, patents are vital to protect new drug products both to recoup the initial investment and for future investments. For the innovator and patent owner, the patentee must be aware of the risk to those intellectual property rights and be prepared for any patent challenge. Both entities can use Pre-ANDA Litigation as a resource to help formulate a strategy before patent litigation begins. ANDA Patent litigations and strategies are complex and require the patent professional…

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Preliminary relief can play a critical role in facilitating resolution of a patent infringement dispute. The Supreme Court's decision in eBay Inc. v. MercExchange, LLC, which dealt with permanent injunctions in patent cases, significantly changed the legal landscape in the area of preliminary relief in the minds of many judges. Preliminary Relief in Patent Infringement Disputes addresses the issues that are most important in seeking preliminary injunctive relief in a patent case and provides a pertinent review of how such injunction requests have been treated by the Federal Circuit and district courts since the important eBay decision. The book begins with an overview of how preliminary relief is addressed in patent cases. Topics include legal and business considerations in seeking preliminary relief, the types of preliminary relief, pre- and post-filing considerations, and the likelihood of success on the merits. Other factors, such as irreparable harm, balance of hardships, and publ…

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"This product guides the reader through both the traditional topics, such as fair use, and more modern topics, such as the anti-circumvention provisions of the Digital Millennium Copyright Act, without getting bogged down in unnecessary or tedious detail. This title is ideal for end-of-semester review by students in both basic and advanced courses on copyright law, and also will be of use to practitioners and other legal professionals seeking a comprehensive yet manageable introduction to the subject." - publisher's description

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This book provides a survey of intellectual property law, including copyrights, patents, trademarks, trade secrets, unfair competition, and the right of publicity.

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"Using judicial opinions from leading casebooks along with numerous hypotheticals and examples, this text illustrates the many challenging issues and innovative trends in patent law today. Sections on basics such as patent law norms, policy, and patent history build the conceptual foundation for explorations of claims, patent prosecution, and complex aspects of patent law. International treaties and conventions that impact innovators, litigators, and policymakers are also covered in this comprehensive text." - publisher's description

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This title from West Academic’s Concise Hornbook series provides comprehensive coverage of trademark laws. Topics addressed include trademark acquisition, validity, infringement, and dilution, as well as discussion on licensing and assignments, online trademark issues, and international aspects of trademark protection.

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"Get everything you need to protect and profit from your invention with this all-in-one guide. You'll learn how to show your invention to potential investors, all while protecting your rights." - from the publisher

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Trade secrets are an essential component of a well-rounded intellectual property portfolio and the breadth of available protection can be extensive. Author Chris Scott Graham is a general commercial/technology litigator practicing in Silicon Valley for well over twenty-five years and has handled several dozen trade secret cases. He's found that many companies take the first step in creating protections only after an overt act of misappropriation and when those events arise, company executives have a tendency to demand rapid action from their general litigation counsel, who in turn may not have experience with the practical issues that exist when handling trade secret litigation. In this important resource he explores the questions of trade secret identification, protection, and economic value from the standpoint of what executives, the board of directors, and the general counsel must consider when faced with the prospect of trade secret litigation. While the main focus is on the trade…

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While many companies have sophisticated processes to capture the inventions and expressions of ideas that may be subject to patent or copyright protection, few companies give significant thought to the practicalities involved in protecting their trade secrets, and yet they are a critical component of a well-rounded intellectual property. This updated edition of Protecting Trade Secrets Before, During, and After Litigation is an essential resource for any trial lawyer or in-house counsel. With over 35 years of experience as a litigator, Chris Scott Graham provides practical advice to help clients and litigation teams establish protocols for identifying trade secrets, evaluating risk, and effectively strategizing when confronting the prospect of trade secret litigation.

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"Right of Publicity in a Nutshell will orient and acclimate the reader to the structure, public policy, claims, issues, and defenses of right of publicity law that regulates the use of celebrity names, images, and likenesses. The guide will teach you the vocabulary to use when consulting with lawyers, clients, accountants, financial planners, and insurers in the arts, entertainment, and sports fields. The book covers the concept of a right of publicity, the origin and distinctions between privacy and publicity law, the modern right of privacy, the theory and policy supporting the right of publicity, the requirements of a right of publicity action, the post-mortem right of publicity, copyright preemption and the effect of licensing, the federal false endorsement and false designation of origin claims, fair use of celebrity names, images, and likenesses, and the future of the right of publicity." - publisher's description

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"As technologies advance and media platforms proliferate, attorneys must be able to guide clients across the multimedia landscape, helping them to avoid pitfalls while maximizing the value of intellectual property. Scott on Multimedia Law is the one completely current resource that can take you from start to finish throughout the complex multimedia arena." - publisher's description

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The First Book Devoted to Settlement of Patent Disputes. There two reasons for a book devoted to settlement of patent disputes and litigation. One is that settlement is more important than litigation. The effects of patents on people and businesses are overwhelmingly defined by the terms of settlement and license agreements and only rarely by judicial decisions. The other is that the subject of patent settlements has not received the attention it deserves. There are many books on litigation and licensing. Until now, there was no book directed to settlement. Organized in four sections, this resource is designed to help everyone involved improve patent settlement outcomes and processes. Throughout the book, numerous charts and graphs demonstrate the book's key concepts and pertinent data. Many charts are shown in color for ease of use. Economics of Settlement. Business people deal with patents primarily based on economic results. They decide between litigation and a variety of possible …

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If you are an inventor or entrepreneur who wants to understand how to use the patent system to help fulfill your business goals, this book is for you. This book won't teach you how to write a patent application. What it will teach you are the most important principles to understand about patent applications, and about the patent system, if you want to protect your patentable ideas effectively and efficiently - and avoid wasting time and money. You will learn: What you might already be doing without realizing it that can jeopardize your chances of ever getting a patent How to determine if you can get a patent on your invention Why a patent may or may not be important for your particular business goals When to file a patent application, and at what point you should get an attorney involved How to avoid making the patenting mistakes that even smart entrepreneurs make every day

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This self-help title from Nolo Press provides information and forms for those looking to legally protect and profit from their written work via copyright.

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?Offering a framework for understanding the Patent Trial and Appeal Boards' past practices for practitioners to better predict actions in future, this book follows the authors' observation that there has been notable consistency in the body of decisions in case law decisions from the PTAB. This compilation of PTAB decisions supplies a wealth of guidance on the Board's treatment of various issues, providing the practitioner with information to guide their PTAB strategies, noting specific patterns that have arisen during IPR, PGR and CBM proceedings.

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The Intellectual Property Handbook: A Practical Guide for Franchise, Business and IP Counsel Practitioners offers practical guidance to non-IP specialists, including franchise practitioners and general practitioners; in-house corporate counsel who regularly address IP issues; paralegals and novice intellectual property practitioners looking for a practical overview of IP; and IP specialists in one area who need a refresher or grounding in a particular IP subject. Now completely updated, this second edition provides specific and useful information on these topics: Trademark issues, both domestic and international Copyright, patent and trade secret law Domain name, cyber law, and social media intellectual property issues The intersection of IP with cutting edge technology, and more Authored by intellectual property specialists, The Intellectual Property Handbook provides answers to virtually all the routine (and many non-routine) IP questions that attorneys or their clients will encounte…

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"This updated edition of a venerable antitrust law treatise will meet the needs of lawyers, judges, scholars, and students. As in prior editions, it provides a clear statement of the law, visits unresolved issues and areas of controversy, and provides a candid assessment of the strengths and weaknesses of the various positions. The new edition also contains a more user-friendly index." - publisher's description

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The Licensing Journal is the leading source of in-depth, practice-oriented licensing guidance by top attorneys in intellectual property, computer technology, and entertainment law. Published ten times a year, it contains valuable strategies, cautionary tips, and creative approaches to structure the most lucrative and secure licensing deals.

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Although licensing itself is an old tactic, organizations are implementing licensing brand extension strategies today in a much more comprehensive and brand-oriented manner. Major organizations such as Procter & Gamble, General Motors, Black & Decker, The Coca-Cola Company and TGI Fridays have each embraced licensing and developed licensing-driven marketing programs that have not only generated additional revenue (a secondary objective that used to be primary) but capitalized on brand equity, extending the marketing message broadly and authentically. Licensing has become a powerful marketing tool. As CEO of Beanstalk, a leading, New York City-based global brand licensing agency and part of the Omnicom Group (NYSE: OMC), author Michael Stone has worked with companies as diverse as HGTV, the Ford Motor Company, the Coca-Cola Company and AT&T to create highly ambitious and successful strategic licensing and brand extension programs for Beanstalk's clients. At an increasing pace over the p…

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Trials before the Patent Trial and Appeal Board (PTAB), introduced to U.S. patent law by the Leahy-Smith America Invents Act, are a hybrid of conventional patent prosecution and patent litigation practices. Successfully navigating a PTAB trial may entail tasks ranging from analyzing highly technical prior art to deposing scientific experts, drafting patent-claim amendments, and arguing at an oral hearing before an expert panel. Now updated and significantly expanded, the new Second Edition of The Practitioner's Guide to Trials Before the Patent Trial and Appeal Board is a concise resource for practitioners actively involved in managing the unique aspects of PTAB trials. Having handled several hundred PTAB proceedings, the authors share their practical experience in this developing area and provide a unique perspective for practitioners advising clients and planning strategy during PTAB trials. Organized for ease of use, the book's practice-focused information includes: A quick referenc…

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"The Public Domain helps you find and identify what creative works are protected by copyright -- and what's not. The book provides specific information about writings, music, art, photography, architecture, maps, choreography, movies and video, software, databasesand collections." - publisher's description

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"Trade Secret Law is the first and only book in the Nutshell series to cover trade secret law in depth. It was written as a companion to Cases and Materials on Trade Secret Law by Rowe and Sandeen (the first casebook on trade secret law), but adds more practical advice. Thus, it is a useful resource for attorneys and law students alike. It could be a supplement to a course on trade secret law or an IP survey course that covers trade secret law, as most now do. Like the casebook, it focuses on the predominate law governing trade secrets in the U.S.: The Uniform Trade Secrets Act (now applicable in 47 of 50 states). The Trade Secret Law in a Nutshell addresses both international and criminal enforcement of trade secret rights. The Second Edition includes significant legal developments, including coverage of the Defend Trade Secrets Act of 2016." - publisher's description

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"This book explains: how trademark rules affect business, how to choose the best trademark for your business, how to find out whether other businesses are using similar trademarks, how to federally register your trademark, the relationship between domain names and trademarks, how to maintain your trademark rights, how to evaluate claims of trademark infringement, and the basics of international trademark protection." - from the introduction

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Trademark and Copyright Disputes: Litigation Forms and Analysis provides timesaving, practice-proven forms, checklists, and analysis that help you handle your next intellectual property dispute with ease. Organized in the sequence of a litigation process, starting with the complaint and ending with appeals, you'll find commentaries covering virtually every area of copyright and trademark litigation in federal court and before other administrative bodies, such as ICANN arbitration, and International Trademark Commission actions.

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"This text provides a comprehensive treatment of the law of trademark, unfair competition, false advertising, and the right of publicity." - publisher's description

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This is the first practical treatise of its kind to approach trademark law from a fully integrated legal and business perspective. It walks you through the major areas of trademark practice: selecting and adopting trademarks; perfecting, exploiting, and maintaining trademark rights, asserting and defending against trademark claims; and business issues in trademark ownership. You'll find clear, concise explanations and illustrative case examples to help you take a course of action in the full range of business scenarios. This book covers every key area, including trademark selection and adoption, trademark registration, trade dress; conducting due diligence, fair use of the trademarks of others, enforcement letters, and more.

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This title from the American Bar Association is designed to help individuals understand what copyright law. It provides easy-to-understand explanations of everything from what can be copyrighted to what criminal charges could be brought if a copyright is violated.

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