Intellectual Property Law Resource Center - Bloomberg BNA

12 downloads 291 Views 9MB Size Report
The On The Go App is available on iPhone® and/or iPad® devices. Installation of ..... Vacated or Remanded; Call for Vi
COMPLIMENTARY TRAINING & PRODUCT SUPPORT Bloomberg BNA Training & Product Support is dedicated to helping you get the most value from your subscription. We encourage all end users to participate in a complimentary session with a professional trainer. Our training options are designed to meet your information needs, match your learning style, and accommodate your schedule. For a description of training options and content support, see the back cover. 800.372.1033, option 5 Mon–Fri, 8:00 am–8:00 pm ET www.bna.com/training * If you require customer assistance for Bloomberg BNA products before or after regular hours, your call will be forwarded to the 24/7 extended support offices at Bloomberg Law.

GETTING STARTED To begin using Bloomberg BNA’s Intellectual Property Law Resource Center SM for the first time, click the Getting Started link on the menu bar and select any of these options:

• First-Time User Setup – information on hardware and software requirements. • Take A Quick Tour – Adobe® Flash™ introductory tour of the Intellectual Property Law Resource Center SM . • Frequently Asked Questions – about content and functionality. • Instructor-Led Training Options – outlines all of the training available to you by Bloomberg BNA’s specialized team of trainers. • Training and Support – contact information for Bloomberg BNA’s Customer Contact Center and complimentary training and content support resources.

SIGN UP FOR EMAIL UPDATES Click Sign up for email updates on the banner.

Enter your email address, and customize and manage the highlights of interest. Your pick list for email highlights includes all components of the Resource Center that your Bloomberg BNA subscription entitles you to receive through the username/password you have entered. Click FAQ for detailed instructions. Click the Info icon to display descriptive information about each of the available formats. Click x to delete a selection.

2

TABLE OF CONTENTS Account Profile and Preferences. . 4

Search Results . . . . . . . . . . . . . . . . 15

Practice Tools. . . . . . . . . . . . . . . . . 21

Sign in to the product and select preferences for the Resource Center, journals, and reports.

Highlights of the Search Results page.

PTAB Challenge Navigator SM with topical access to key filings to the Patent Trial & Appeal Board, Legislative Watch, Regulatory Watch, Supreme Court Litigation Watch, Hatch-Waxman Litigation Watch, Trademark Trial and Appeal Board Watch, and In Practice: Patent Term.

Classification Outlines . . . . . . . . . 16 Introduction. . . . . . . . . . . . . . . . . . . . 7 Overview of all content included in the Intellectual Property Law Resource Center SM .

Classification of legal points of law discussed in intellectual property cases.

Headnote Finder. . . . . . . . . . . . . . . 17 Home Pages. . . . . . . . . . . . . . . . . . . . 8

Access on-point legal decisions.

Highlights of the user-friendly home pages.

BNA Insights, Video Insights, BNA News Monitor. . . . . . . . . . . . . 25

Laws and Regulations. . . . . . . . . . 19

My Folders. . . . . . . . . . . . . . . . . . . . 11

Text of federal laws and regulations relevant to intellectual property.

Save searches, documents, and charts for easy retrieval.

Legal Analysis. . . . . . . . . . . . . . . . . 19

Practitioner-authored information discussing current trends and analysis of key developments. The News Monitor collects information from thousands of resources in a searchable dashboard.

Topical access to all decisional materials.

Intellectual property and trademark treatises, and the pertinent Portfolios from the Corporate Practice Portfolio Series.

Search. . . . . . . . . . . . . . . . . . . . . . . . 13

News . . . . . . . . . . . . . . . . . . . . . . . . . 20

Indexes. . . . . . . . . . . . . . . . . . . . . . . 12

Information on searching cases and decisions, using the Advanced Search template including fielded searches.

Print. . . . . . . . . . . . . . . . . . . . . . . . . . 26 Information on how to print single or multiple documents.

Current news of interest to intellectual property professionals.

:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ON THE GO APP Bloomberg BNA Intellectual Property Law Resource Center subscribers get comprehensive, on-the-go access to intellectual property law analysis, news, integrated source material, and search features with the ON THE GO App for Android and Apple devices. Go to www.bna.com/resource-centers-on-the-go/ to download the free Bloomberg BNA On The Go App. Bloomberg BNA ON THE GO App content is available to Bloomberg BNA subscribers only. Use your Bloomberg BNA User Name and Password to get started. 1. 2.

The On The Go App is available on iPhone® and/or iPad® devices. Installation of iTunes® required to download the App. This App requires iOS 7 or greater. The ON THE GO App is available on Android™ phones/mobile devices with operating systems of 4.0 and greater. While this App is free, standard data charges from your carrier may apply. Access the App for your Android™ device on Google Play.

iPad and iPhone are trademarks of Apple, Inc., registered in the U.S. and other countries.

3

ACCOUNT PROFILE AND PREFERENCES Activate your Account Profile and then use Preferences to customize the Intellectual Property Law Resource Center SM to: • Save documents, charts, and searches to My Folders. • Set a default home page. • Set default views for Case Search Results, Portfolio Search Results, and Index Search Results. • Set a larger text size when viewing the Resource Center.

Account Profile The account profile manages preferences, and saving and retrieving of searches, documents, charts, and email customizations. To receive emails focused on intellectual property, select Intellectual Property under Areas of Interest.

4

Preferences Click PREFERENCES on the menu bar to select customization features on the Resource Center. Select your Home page, Search Results display for cases, Portfolios, and indexes, and Text Size. Click SAVE in any frame to save all selections.

5

Preferences – Journals and Reports Customization options are available for BNA’s Patent, Trademark & Copyright Journal® - Daily Edition, or the World Intellectual Property Report™. Select whether to view Headlines with or without Summaries. . Click the Customize Topics link under the title, and select the topics, courts/tribunals, and agencies of interest to display on the home page. On the Customize Topics for Patent, Trademark & Copyright Journal - Daily Edition, make the selection(s) and click Save. To view the subtopics included in each topic, click the Info icon . To delete a selection, click the X.

6

The Intellectual Property Law Resource Center SM provides intuitive and comprehensive access to Bloomberg BNA’s full collection of intellectual property news, extensive case law, statutes, regulations, analysis, treatises, and practice tools. The platform covers all areas of IP law, categorized into four practice areas: Patent Law, Trademark & Unfair Trade Practice Law, Copyright Law, and Judicial Practice & Procedure.

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Bloomberg BNA’s content is created by the legal publishing industry’s largest and most experienced editorial staff. Our legal editors are subject-matter experts — not generalists. The legal editors of Bloomberg BNA’s Intellectual Property Law Resource Center SM review all intellectual property cases, then draw upon decades of experience to carefully identify the significant points that every intellectual property practitioner needs to see. The editors also analyze and pull together the relevant laws and regulations. The Intellectual Property Law Resource Center SM makes your research fast, easy, and accurate with expertly prepared indexes, headnotes, and a unique classification system. The Resource Center has an intuitive search interface with advanced search capabilities, and simple, easy-to-use navigation.

The Intellectual Property Law Resource Center SM contains: • Access to your Bloomberg BNA IP notifications, including BNA’s Patent, Trademark & Copyright Journal® - Daily Edition, which provides unique, in-depth analysis on the developments that most affect U.S. IP law — cases, legislation, regulation, agency guidance, and industry intelligence — and World Intellectual Property Report®, offering legal, legislative, and regulatory news and trends from around the world. • All volumes of The United States Patents Quarterly®, dating back to 1929, with cases fully headnoted and classified. • Full text of U.S. Code, Titles 35 (Patents) and 17 (Copyrights), and selected portions of Title 15 (Trademarks in Chapter 22, and Technology Innovation in Chapter 63).

• Full text of Title 37 of the Federal Code of Regulations. • Access to Bloomberg BNA and PLI treatises, including: Patents and the Federal Circuit and Harmon on Patents: Black-Letter Law and Commentary, both by Robert L. Harmon. • Instant links to Corporate Practice Portfolio Series and Practice Tools. • Hatch-Waxman Litigation Watch • Supreme Court Litigation Watch • Trademark Trial and Appeal Board Watch • In Practice: Patent Term • PTAB Challenge Navigator SM • BNA Insights articles and videos from Bloomberg BNA featuring expert analysis from leading practitioners on key developments and trends. • Access to the People on the Move news feed, which tracks personnel changes in the legal industry.

7

HOME PAGES The main home page and the topic home pages are accessible either by the tabs or by photo icons located on the left side of the Home page. The main Home page contains links to all content included in your subscription including BNA’s Patent, Trademark & Copyright Journal® - Daily Edition, BNA Insights, and BNA Video Insights. Topic home pages contain topic-specific collections of content and tools for Patent Law, Trademark & Unfair Trade Practices, Copyright Law, and Judicial Practice & Procedure.

MENU BAR The menu bar is located above the banner. Find links for My Home Page, Site Map, Preferences, My Folders, Account Profile, Getting Started, About, Contact Us, Help, and Sign Out.

BANNER The banner displays on all pages in the Resource Center. In addition to the menu bar, find the Quick Search text box, Advanced Search, Find Cases, networking links, and Search My BNA. Follow Bloomberg BNA on Facebook.

SEARCH HISTORY – store 90 days of search history for easy access and quick reference. SAVED SEARCHES – opens to the My Folders window. Quick Search – search in all collections included in the subscription. When working in a collection, the banner adds the option to search in All or This Collection.

ADVANCED SEARCH – search in specific content collections with the ability to search fields, or limit the search by date. FIND CASES – to locate a case(s) with a full or partial citation, click FIND CASES on the banner, or use the By Citation text box in the Search frame on each home page. SEARCH My BNA – to conduct a cross-product search in all of your subscriptions click Search My BNA. Note: this feature only appears if you subscribe to more than one Bloomberg BNA service.

8

HOME The Home page provides access to all content. Tabs identify the additional home pages with topicspecific content. To set a specific Home page to open when the product opens, click Set As My Home Page. To access topic home pages, either click the tabs or photo icons on the left column for each of the topic home pages. PTAB CHALLENGE NAVIGATOR SM Check for selected petitions and developments in pending cases before the Patent and Trial Appeal Board.

9

TOPIC HOME PAGES The topic home pages consolidate cases, news, and analysis content for each topic tab. To search all content included on a selected topic home page, click Search This Tab. A pre-loaded Advanced Search template displays with all content from the specific topic home page.

10

MY FOLDERS Log in to your Account Profile to fully utilize all functionality in the Resource Center, including My Folders. Use My Folders to retain a chart, search string, or document. To retain a search string, click Add to My Folders in the Search Options toolbar. To retain a document or chart, click Add to My Folders while viewing the file.

On the Choose the folder to place your item in screen, enter the identifying information and click Submit.

Accessing the Saved Items To retrieve a saved chart, document, or search, click My Folders on the menu bar.

Filter Currently Applied – use the drop-down menu to select a filter type. Sort By Column – click the column heading. Folder Options – click the wheel icon to display the Folder Options drop-down menu. Item Options – right click on an item Name to display the Item Options drop-down menu. Notes – click the Notes icon to create a note. To signal a note is available, the + sign next to the icon is removed.

11

INDEXES Bloomberg BNA Indexes are compiled by legal-subject specialists. Use the Site Map to find the browsing links.

Site Map See INDEX & FINDING AIDS.

Topical Index Access Topical Indexes from the Site Map or via links on the Headnote Finder screen (see page 17). Browse the USPQ Topical Index and use the alphabetical toolbar to link to a topic.

Search the indexes using the Advanced Search template.

12

SEARCH Cases and Decisions Bloomberg BNA’s Intellectual Property Law Resource Center SM contains all decisions reported in The U.S. Patents Quarterly®, First and Second Series, since that service began in 1929. These include decisions from the Federal Circuit, U.S. Supreme Court, U.S. Patent and Trademark Office, Board of Patent Appeals and Interferences, and other federal and state courts, all with Bloomberg BNA headnotes and classification indexing. The Search USPQ Cases frame is in the center of the Search box on all of the topic-area home pages. This frame displays a search box for citation or keyword searching, and a drop-down menu with links to the Headnote Finder, Search or Browse Classification Outline, Advanced Search, Find Case(s), Search This Tab, and Search My BNA.

The Latest USPQ Reported Cases box is specific to each topic home page, and displays below the Search box. Click anywhere in the synopsis to display the full text.

13

ADVANCED SEARCH Advanced Search provides maximum flexibility when formulating a search. Limit the search to a specific collection(s) in the Resource Center, and optionally use search fields, Boolean logic, and date restrictions to structure your search. Link to Advanced Search on the banner or in the Find Cases frame. Search Example: “How has the Federal Circuit been applying the obviousness standard in design patent cases?” • Select Cases and Decisions. • Enter this search string: obvious* OR non obvious* AND “design patent” AND COURT (Fed. Cir.) into the Search box. • [Enter] or click Search.

SEARCH FIELDS Add search fields to a search string to limit the range of a search and increase the relevance of the search results. The searchable fields are specific to the collection(s) being searched, and multiple fields can be searched simultaneously. After the collection(s) are selected, use as many fields as needed to complete the search string. 1. Select the collections to be searched. 2. In the Fields frame, choose to Show shared fields or Show fields from all selected collections. 3. Select a field from the Choose a field drop-down menu. 4. Enter your search terms in the text box next to Choose a field. 5. [Enter] or click Add to Search. The search term(s) are added to the search string. 6. Click Search.

14

SEARCH RESULTS Search results are returned initially by content categories: Cases and Decisions, Portfolios, etc. Click the relevant category to reveal the Search Results list for each category. Search results for Cases and Decisions are organized by court and are sequential by date within each court grouping.

Search Results Toolbar Find the Search Results toolbar at the top of the split-screen or full-screen Search Results display. Search Within Results – use this link to refine a search and limit the results by adding additional search terms or criteria (available only when using the Advanced Search option). Go to Hit – navigate to and through the search result document(s) with highlighted search terms. Results in toolbar – use the links on the Results in toolbar to toggle among the content types listed in the search results. The split-screen feature allows for the simultaneous viewing of the search results list and the full text of a document. Print – click the Print icon to launch the print function. Share – email a link to this document. To access the document, the recipient must have a valid User Name and Password for the product. Split Screen – simultaneously view search results and the full text of a selected document.

Screen View Click Full Screen to toggle back to the full-screen display. Case Citations – locate the Bloomberg BNA citation in the text of the decision. If a non-Bloomberg BNA citation is available, both the Bloomberg BNA and non-Bloomberg BNA citations are listed in the title area of the case. Page Numbers – page numbers for Bloomberg BNA citations are incorporated into the text of legal case decisions. THIS CASE CITED IN – lists where a case is cited, CASES, NEWS, ANALYSIS, etc.

15

CLASSIFICATION OUTLINES Classification Outlines are associated with each of the case collections and decisions. They organize a particular area of intellectual property law by “points of law” and assign each point a classification number. These numbers are assigned to every headnote that Bloomberg BNA writes for every case in the Resource Center. By using the outlines and classification numbers, you can zero in on the headnotes and cases that are most relevant for your research. To browse or search, click Headnote Finder in the Search frame’s drop-down menu. Links to browse and search Classification Outlines and Indexes are on the right side of the Headnote Finder frame.

16

HEADNOTE FINDER Bloomberg BNA’s Intellectual Property Law Resource Center SM contains all decisions reported in The U.S. Patents Quarterly®, First and Second Series, since that service began in 1929. These include decisions from the Federal Circuit, U.S. Supreme Court, U.S. Patent and Trademark Office, Board of Patent Appeals and Interferences, and other federal and state courts. Bloomberg BNA’s staff of legal editors write headnotes or digests for each decision. The headnotes summarize the important points of law decided in the case. Each headnote is classified under Bloomberg BNA’s Classification Outline and grouped together with headnotes from other decisions for easy retrieval by Bloomberg BNA subscribers. The Headnote Finder allows you to view all of the headnotes associated with any classification number, and allows you to limit the view by court, date, or keyword phrase. Begin the search in the Indexes. Example: When and how does the “fair use” defense apply to actions for trademark infringement involving Internet domain names? Search the Topical Index for “fair use.”

On the first results page, click USPQ Topical Index to view the All Hits page. Expand FAIR USE. Click classification number 335.1003 (Trademark infringement, defense).

17

HEADNOTE FINDER (CONTINUED) On the Headnote Finder results page, click Headnote Finder.

Enter “domain name” in the text box. [Enter] or click SEARCH.

Browse Headnotes for pertinent cases and Jump To cases in other jurisdictions.

18

LAWS AND REGULATIONS Laws and Regulations includes Titles 15 (Commerce and Trade), 17 (Copyrights), 35 (Patents) of the U.S. Code, and Title 37 (Patents, Trademarks & Copyrights) of the Code of Federal Regulations. Browse or search to access the laws and regulations included in this collection.

LEGAL ANALYSIS Bloomberg BNA’s staff of subject-specialist attorneys prepare in-depth editorial explanations of federal and state intellectual property law. In addition to the Portfolios, the Resource Center includes a collection of Patent and Trademark treatises specific to each topic tab. Browse or search the Portfolios, treatises, and their supplements.

19

NEWS

Click either the Patent, Trademark & Copyright Journal™ - Daily Edition, or World Intellectual Property Report™ tab to access your subscription. Find the latest judicial, legislative, regulatory and professional developments for U.S. and international intellectual property news in the Latest U.S. Intellectual Property News or Latest International Intellectual Property News frame. For information about the latest law firm, corporate, and government moves with see the People on the Move news feed. News is searchable using Advanced Search.

20

PRACTICE TOOLS Practice Tools are developed to streamline and increase efficiency for the intellectual property law practitioner. There are seven practice tools, all accessible from the Practice Tools frame. Three practice tools are searchable using Advanced Search.

PTAB Challenge Navigator

SM

The Patent Trial & Appeal Board (PTAB) Challenge Navigator SM is a full-text database of all key filings to the Board, with the capability to monitor cases until a decision is made. For every challenge submitted to the Board, a detailed record is created containing essential case information, including the basis of claim, type of case, administrative patent judge, PTO class, and more.

Click PTAB Challenge NavigatorSM in the PRACTICE TOOLS frame. The list of cases displays in the center All Case Files frame. Select a filter(s) to identify a pertinent case or group of cases. Make filter selections and click Apply after each selection. The Case Files list is reloaded after each filter selection is made. To save the filtered set, click Add to My Folders and the set is retained as a chart. To display the snapshot of the case, click the case name, or click the Case Summary icon to the right of the frame. The Case Summary page includes a case snapshot, docket number, case history including PDFs of the documents currently available, basis or claim etc. To save a specific case summary, click Add to My Folders and the summary is retained as a document. To receive updates including new petitions added to the tracker and new developments in pending cases, click Sign up for email updates on the banner (see page 2). Select IP Law Resource Ctr: PTAB Challenge Navigator. 21

Legislative Watch and Regulatory Watch Find listings of pending and enacted intellectual property legislation and proposed rule changes, final rules, and other noteworthy developments for the current legislative session and in the Patent and Trademark Office, Federal and International Trade Commission, Copyright Office, and U.S. Trade Representative. To print, click the Print icon . To save, click Add to My Folders. To share with other registered subscribers to the Intellectual Property Law Resource CenterSM , click Share.

22

Supreme Court Litigation Watch Follow patent and trademark litigation cases before the U.S. Supreme Court. In the Action column, link to selected briefs. The information is arranged by Granted, Vacated or Remanded; Call for Views of the Solicitor General; Conference Scheduled; Briefings in Progress; and Denials/Dismissals. To print, click the Print icon . To save, click Add to My Folders. To share with other registered subscribers to the Intellectual Property Law Resource Center SM , click Share. To contact the editor, click Contact Editor. Click Reprints & Permissions for information on the reuse and distribution of this content.

Hatch-Waxman Litigation Watch Follow pharmaceutical cases directly affected by the Hatch-Waxman Act. The searchable information is arranged chronologically, with archives back to 2008. To search, use Advanced Search and select Hatch-Waxman Litigation Watch under Practice Tools. To print, click the Print icon . To save, click Add to My Folders. To share with other registered subscribers to the Intellectual Property Law Resource Center SM , click Share.

23

Trademark Trial and Appeal Board Watch Follow and search precedent-setting rulings of the Trademark Trial and Appeal Board. To search, use Advanced Search and select Trademark Trial and Appeal Board Watch under Practice Tools. To print, click the Print icon . To save, click Add to My Folders. To share with other registered subscribers to the Intellectual Property Law Resource Center, click Share.

In Practice: Patent Term Access a flowchart, checklists, glossary, sample timelines, worksheets, and more — all searchable and practitioner developed — pertaining to the calculation for a Patent Term. To search, use Advanced Search and select In Practice: Patent Term under Practice Tools. To print, open a document and click the Print icon .

24

INSIGHTS BNA Insights Authored by experts in all fields relating to intellectual property, BNA Insights offer analysis of key legal, legislative, regulatory, or business developments, with an emphasis on practical implications and emerging trends. BNA Insights are searchable and available in PDF format.

BNA Video Insights BNA Video Insights are incisive analytical commentaries and practical guidance from practicing attorneys and other thought leaders. Insights discuss today’s critical developments and tomorrow’s emerging issues in intellectual property law. The BNA Video Insights are searchable, and only available on the Home page.

BLOOMBERG BNA NEWS MONITOR Access information from thousands of resources on the Bloomberg BNA Intellectual Property News Monitor™. The News Monitor frame is located in the right column. Click Intellectual Property News Monitor™ to access the screen. For information about custom Bloomberg BNA News Monitor, call Bloomberg BNA Customer Service at 800.372.1033.

25

PRINT To print a document(s), select the document(s) from a full-screen display, document list, or Search Results page and click the Print icon . The selected documents are displayed in the Print Dialog box. To print a single document, click the Print icon while viewing the document. To print multiple documents from the Search Results list, click the checkbox next to each document title to be printed, and then click the Print icon. A maximum of 25 documents can be printed simultaneously.

Segmented Printing Print segments of Bloomberg BNA Portfolios included in the Resource Center. Click the Print icon next to a segment.

Print Dialog Box Select a text format Print documents in either Printer-friendly or Rich Text Format (RTF). When printing more than one document, select RTF in order to place section breaks between each document. Otherwise, the documents print as one concatenated file.

Select Portfolio segment(s) Choose the Portfolio segments to print.

Print or Display your selections: To select and deselect documents prior to printing, use the linked commands in the print dialog box. Click the Print/Display Selected Documents button for each frame to launch the print preview function.

SOURCE INFORMATION The print display opens in a separate window and adds source and contact information to the top and bottom of the document(s).

26

NOTES

27

COMPLIMENTARY BLOOMBERG BNA TRAINING Visit www.bna.com/training or call 800.372.1033.

–––––––––––––––––– Express Training

Basic Training

Content Support

Designed for the busy professional, this session gets you up and running in 30 minutes or less. Express Training familiarizes you with the basic functions of the product and shows you how to access a wide range of content and practice tools.

This hour-long course prepares participants to conduct basic research by using the content of the Intellectual Property Resource Center  to retrieve information quickly and efficiently. Participants will also experience the integration of the Resource Center’s components: expert analysis, news and developments, primary sources, special reports, and practice tools. Employing three different research strategies, participants work through exercises and searches while learning to locate answers with the Resource Center.

For product content questions or assistance researching a specific topic, Bloomberg BNA’s Training & Product Support staff is available to answer your questions. The product support team can help locate relevant information in a Bloomberg BNA service, assist in building effective research strategies, explain the editorial scope of coverage in your Bloomberg BNA service, or verify when and if certain data will be published by Bloomberg BNA.j

SM

-----------------------------------Because the source of your information matters Bloomberg BNA, a wholly owned subsidiary of Bloomberg, is a leading source of legal, regulatory, and business information for professionals. Its network of more than 2,500 reporters, correspondents, and leading practitioners delivers expert analysis, news, practice tools, and guidance — the information

that matters most to professionals. Bloomberg BNA’s authoritative coverage spans the full range of legal practice areas, including tax & accounting, labor & employment, intellectual property, banking & securities, employee benefits, health care, privacy & security, human resources, and environment, health & safety.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> To learn more, contact your Bloomberg BNA Representative, call 800.372.1033, or go to www.bna.com/iprc

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> -----------------------------------------------------------------------------------------------------------------------------------1801 South Bell Street, Arlington, Virginia 22202 © 2016 The Bureau of National Affairs, Inc.

0516 09-8192