In This Issue:

- “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us

- USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter

- Functional Claim Language – “Adapted To” and “Configured To” – Having Narrow Interpretations

- Trademark Functionality and Fashion – Tips for Clients

- Evolving Data Protection Regimes in the Asia-Pacific Arena and Their Impact on Litigation: Part II – Country-Specific Policies

- Patent Exhaustion Doctrine Continues To Energize the Courts

-Excerpt from “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us:

Both Congress and the White House have been actively pursuing patent litigation reform in an attempt to combat the perceived “patent troll” problem. Of course, any legislation will impact all patent holders, even though most will not consider themselves to be patent trolls. The disconnect occurs because so-called “trolls” are being equated with all non-practicing entities (“NPEs”) , even though this includes a large number of entities to which that derogatory term was never meant to apply. After all, an NPE is simply a patent holder that does not commercialize the claimed innovation.