Publications

Articles on Intellectual Property

House proposes compensation restrictions on attorneys litigating personal patent rights

August
2017
Illinois Law Update
Page 18
The Illinois General Assembly proposed a new House Bill (HB4052) that would create the Ethics in Patent Litigation Act.

A ‘copyright troll’ cops a plea

By Matthew Hector
May
2017
LawPulse
Page 10
Former Illinois lawyer John Steele admits among other things to uploading pornography to file sharing websites to ensnare victims in a copyright-trolling scheme.

Patent, Trade Secret, or Both: A General Practitioner’s Guide

By Martin B. Robins
February
2015
Article
Page 40
Should your client file for patent protection, or will simpler and less costly trade secret protection be enough?

General Assembly takes action against patent trolls

November
2014
Illinois Law Update
Page 524
The Consumer Fraud and Deceptive Business Practices Act has been amended to prohibit deceptive patent infringement demand letters.

Recovering Damages for Trademark Infringement

By Nicholas A. Gowen and Peter V. Baugher
March
2013
Article
Page 148
While enjoining unlawful use is the objective of most infringement suits, some trademark owners can get money damages.

Protecting Clients’ Trade Secrets: A General Practitioner’s Guide

By J. Joseph McCoy
June
2010
Article
Page 300
"Trade secrets" can be nearly any type of valuable information, and clients may need your help identifying and protecting them. Here's how.

Federal courts have jurisdiction over legal malpractice claims in patent infringement cases

January
2010
Illinois Law Update
Page 16
On November 10, 2009, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County finding, in a legal malpractice suit, that the contingent fee arrangement between the parties was not void, and that jurisdiction over the malpractice claim rested exclusively with the federal courts. 

The Business Attorney’s Guide to Copyright Law

By J. Joseph McCoy
January
2009
Article
Page 36
As copyright interests grow increasingly valuable, businesses that fail to protect their creative works run high legal risks.

“Borrowing” from legal forms - do you need permission?

By Helen W. Gunnarsson
December
2008
LawPulse
Page 606
Lifting language from legal documents - everyone does it, right? But does it constitute copyright infringement?

Intellectual Property Law for the General Practitioner

By Preston H. Smirman and David A. Burns
December
2007
Article
Page 650
Understanding intellectual property fundamentals can protect your client’s business and enhance your general practice. Here’s a primer.

Correspondence from Our Readers

October
2007
Column
Page 506
Animal law and the ISBA; dogs and damages; KSR and patenting legal techniques  

Licensing of copyrighted images is subject to Right of Publicity Act

October
2007
Illinois Law Update
Page 516
On August 2, 2007, the Illinois Appellate Court, First District, answered two certified questions and affirmed the order of the Circuit Court of Cook County denying defendant Corbis Corporation's motion to dismiss counts III and VI of plaintiff James Brown's amended complaint.

Can lawyers patent their legal techniques?

By Helen W. Gunnarsson
July
2007
LawPulse
Page 342
A patent issued on an estate-planning technique has that bar buzzing.

Protecting Your Communications

By Maureen B. Collins
January
2002
Column
Page 47
Don't let your brainchildren be like the proverbial cobbler's shoeless kids; lawyer, protect your IP rights.

The Lawyer’s Journal

By Bonnie C. McGrath
December
2000
Column
Page 686
Extra protection against self-incrimination; grandparents get their (bad) day in court; and more.

Internet Torts and Cyberspace Insurance: New Issues for the E-conomy

By Adam H. Fleischer
May
2000
Article
Page 268
A review of new Internet-based theories of liability and the insurance-coverage issues raised by them.

Protecting Trade Secrets During Litigation: Policies and Procedures

By William Lynch Schaller
May
2000
Article
Page 260
Find out how to reduce the risk that you'll reveal proprietary information during litigation.

Perfecting Security Interests in Intellectual Property

By Scott J. Driza
March
2000
Article
Page 162
An overview of this rapidly developing area of intellectual property transactions.

The Cautious Interplay Between Trademarks and Internet Domain Name

By Aaron W. Brooks
February
2000
Article
Page 74
Find out what to do when your client’s trademark has been registered as someone else’s domain name.

The Business Attorney’s Guide to Trade Names

By Aaron W. Brooks
October
1999
Article
Page 526
Selecting the right business name isn't as simple as you might think. Here's a primer for Illinois lawyers.

Plain English as a Second Language: Will It Become Second Nature at the SEC?

By Carla E. Laszewski
October
1999
Article
Page 536
An explanation of the SEC's plain English disclosure rules and why the agency advocates their use.

The Lawyer’s Journal

By Bonnie McGrath
June
1999
Column
Page 298
Guilty but mentally ill'' passes constitutional muster

Oral licensing agreement could be terminated at will, even prior to the 35-year period for those licenses under § 203 of the Copyright Act.

June
1999
Illinois Law Update
Page 304
On March 26, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the district court's holding that the plaintiff could terminate the oral licensing agreement entered into with the defendant at any time.

The Lawyer’s Journal

By Bonnie Fitzgerald McGrath
November
1998
Column
Page 590
Post-Ellerth business boom?

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