Greetings from the IP professionals at Kinney & Lange.
K&L IP News
The Official Newsletter of Kinney & Lange

Vol. 08, Issue 02
Summer 2016

The Defend Trade Secrets Act of 2016 (DTSA) was signed into law by President Obama on May 11, 2016. The DTSA creates a private civil cause of action in federal court for misappropriation of a trade secret "related to a product or service used in, or intended for use in, interstate or foreign commerce." The DTSA amends the existing Economic Espionage Act of 1996 (EEA), which criminalizes trade secret theft, and makes trade secrets a national priority, affording a level of protection already provided for patents, copyrights, and trademarks.
Summary of Amendments to the Federal Rules of Civil Procedure and a Potential Impact on NPEs

On December 15, 2015 amendments to the Federal Rules of Civil Procedure went into effect. Congress passed and the Supreme Court adopted amendments to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55, and 84. The amendment to rule 84 effectively eliminated the Appendix of Forms. On April 28, 2016, the Supreme Court approved amendments for review by congress for: Federal Rules of Appellate Practice, Rules 4, 5, 21, 25, 26, 27, 28, 28.1, 29, 32, 35, and 40, and Forms 1, 5, and 6, new Form 7 and new Appendix; Bankruptcy Rules 1010, 1011, 2002, 3002.1, 7008, 7012, 7016, 9006, 9027, and 9033, and new Rule 1012; Civil Rules 4, 6, and 82; and Criminal Rules 4, 41, and 45.
Federal Circuit Reaffirms Patent Exhaustion Doctrine

In Lexmark Int'l, Inc. v. Impression Prods., Inc., 16 F.3d 721 (Fed. Cir. 2016) (en banc), the Federal Circuit was asked to determine the applicability of the doctrine of patent exhaustion in two contexts.  First, the court was asked to determine whether the sale of a patented article to end users under a restriction that is otherwise lawful and within the scope of a patent grant nonetheless gives rise to patent exhaustion.  The court held that a patentee may reserve its patent rights by selling a patented article under otherwise-proper restrictions on resale and reuse that are properly communicated.  Second, the court was asked to determine whether a sale of a patented item outside the United States gives rise to patent exhaustion for a U.S. patent.  The court held that the doctrine of patent exhaustion is not triggered by a foreign sale of a U.S.-patented article.
European Union Trademark Update

The EU has a regional trademark system which has been continually updated and amended. The most recent changes to the EU trademark include changes in names of the organization, a change in the classification of trademarks, and a change to the rules surrounding transit of goods and trademark law. Under these new rules, current trademark owners have until September 2016 to change declared goods and services on old trademark applications.
Recently Issued Patents

Kinney & Lange P.A. files hundreds of new patent applications each year in a wide variety of technology areas.  These are a few recently issued patents for which the firm is listed as the legal representative.
For older articles, visit our archives at K&L IP News.
Kinney & Lange, P.A.

info@kinney.com | (612) 339-1863 | www.kinney.com
See what's happening on our social sites:
This message and the associated newsletter contain material that may be considered advertising in some jurisdictions under applicable law and ethical rules.  These materials are for informational purposes only and do not constitute legal advice.  The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise.
Copyright 2016 Kinney & Lange, P.A.