Q3 Editor's Column

Intellectual Property and Technology News


As we slip into the waning days of a long summer, we think it appropriate to renew our focus on risk and strategy in the face of a changing legal, political, and economic climate. In this issue, we look to core risk and strategic touchpoints with immediate and actionable relevance to our clients. Winter, as the saying goes, is surely coming, and we hope through our content to provide some additional measure of legal and strategic support for the season ahead.

In our centerfold article, Paul Steadman and Ferlillia Roberson discuss seven crucial issues relating to trade secret protection and litigation, addressing key considerations and laying out a clear basis for assessing existing trade secret policies and enforcement strategy.

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The market for the Internet of Things (IoT) continues to grow exponentially, working its way into every facet of the market from global supply chains to our homes and vehicles. IoT enriches our lives, but at the same time brings key privacy risks, and corporate board members need to ensure they understand these risks. Rena Mears and Sydney White answer the call, providing a comprehensive primer on key risks and core issues in the space.

Trademark and patent cases return to the fore this quarter, with our Supreme Court Corner examining two issues: a holding on the tension between the Lanham Act's disparagement clause and the constitutional right of individuals to free speech, and a case addressing a challenge to inter partes review before the PTAB on constitutional grounds.

Finally, DLA Piper litigators Tamar Duvdevani and Matt Ganas take a deep dive into the waters of reverse confusion analysis, addressing conflicting court standards and potential outcomes, and considering possible litigation strategies for those embroiled in a reverse confusion case. 

We believe this quarter's coverage provides diverse, timely and efficient guidance and analysis, and we hope you agree.

IPT News Q3 2017
Ric Flaggert
Partner, Intellectual Property and Technology
Editor in Chief, Intellectual Property and Technology News