16 February

Sticky

Why eBay v. MercExchange Should, But Won’t, Be Overruled

in Blog

As anyone who follows the United States Supreme Court knows, the Court has historically been extremely fond of taking important cases with cutting edge issues, only to dodge the real issues and address some insignificant procedural or hyper-technical issue. Such disappointment is all too frequent, so Supreme Court watchers are seldom surprised when the Court passes on an opportunity to breathe clarity into otherwise unsettled waters. But what the Supreme Court did in eBay Inc. v. MercExchange LLC, 547 U.S. 388 (2006) was far more disappointing. In eBay, the Supreme Court decided to throw out longstanding and well-established Federal Circuit jurisprudence and...

15 February

0 Comments

Sticky

Identifying the Crucial Qualities of Great IP Managers

Posted by coffylawpro

in Blog

What’s the secret to Intellectual Property Management? After managing hundreds of inventions, I’m going to tell you the essential trait of an excellent IP Manager, and give my four best tips for managing what is often a company’s most valuable asset. The answers might surprise you. IPWatchdog readers know the importance of capturing IP, whether it is patents, trademarks, copyrights, or trade secrets. This article isn’t detailing technical tips for filing patents or how to corner a strategic area of the market; the difference between a good and a great IP Manager is leadership. Capturing IP is one of many responsibilities...

14 February

0 Comments

Sticky

Other Barks & Bites for Friday, February 14: Federal Circuit Orders Case Against Google Out of Eastern Texas, DOJ Indicts Huawei on Trade Secrets, and USPTO Faces Backlash Over Email Address Requirement

Posted by coffylawpro

in Blog

This week in Other Barks & Bites: The Federal Circuit issues precedential decisions in patent cases involving data centers as “regular and established place of business,” the Section 315 time-bar for PTAB proceedings and a settlement agreement rendering a summary judgment ruling moot; former Chief Judge Michel asks the Federal Circuit for an en banc rehearing of a panel decision raising the standards for patent owners proving that patent claims are non-obvious because of secondary considerations; the Department of Justice indicts Huawei on trade secret theft and RICO charges; the USPTO hosts job fairs for new patent examiners while the agency also...

13 February

0 Comments

Sticky

Senate IP Subcommittee Kicks Off Year-Long Review of Digital Millennium Copyright Act

Posted by coffylawpro

in Blog

Senator Thom Tillis (R-NC) and Senator Chris Coons (D-DE) this week held the first in a series of eight tentative hearings scheduled for this year on the topic of updating and modernizing the U.S. Digital Millennium Copyright Act. Tillis’ goal is to address changes to the internet since the DMCA was passed in 1998, and by December 2020 to release draft text of a reform bill for stakeholder comment. Senator Coons pointed out that the IP Subcommittee has been the most active subcommittee on the Senate Judiciary Committee, and Tillis said that the process will take place in the same vein as last...

13 February

0 Comments

Sticky

Space Force, Star Trek, and Strange New Worlds of Trademark Infringement

Posted by coffylawpro

in Blog

“Given the overall use of the two marks, the fictional nature of the Starfleet logo, and the lack of intent, one has a hard time believing any court would find infringement.” On January 24, 2020, the United States Space Force logo hit the news — and the photon torpedoes began to fly. Almost instantly, those familiar with the Star Trek Starfleet Command insignia called out a striking similarity, and even George Takei (who played USS Enterprise helmsman Hikaru Sulu) tweeted “Ahem. We are expecting some royalties from this…” Putting aside the actual origin of the Space Force insignia (derived from the Air...

13 February

0 Comments

Sticky

Let the Music Play: The Performance Rights License Marketplace Thrives Only with Vigilant Antitrust Enforcement

Posted by coffylawpro

in Blog

“While online streaming has changed the distribution business for music and videos, the business of licensing public performance rights has remained the same since 1941…. As recently as 2016, a Department review of the ASCAP and BMI consent decrees found that ‘the industry has developed in the context of, and in reliance on, these consent decrees and that they therefore should remain in place.’” On January 26, CBS broadcast the 63rd Annual Grammy Awards, which celebrated America’s finest recording artists and songwriters. Drawing a global audience with performances by super stars such as Aerosmith, Blake Shelton, and Ariana Grande, the event...

12 February

0 Comments

Sticky

Medical Innovation Depends on Bayh-Dole’s IP Protections

Posted by coffylawpro

in Blog

“Imposing government price controls on patented products would take the fruits of the Bayh-Dole research and rip them from the hands of the inventors and investors who help transform basic research into desirable goods.” In this age of polarization, it’s almost impossible to imagine Congress enacting bipartisan legislation that would benefit businesses, higher education, and consumers alike. But that is exactly what happened 40 years ago, and it is worth remembering. As has been outlined elsewhere on IPWatchdog in 1980, Democratic Senator Bayh and Republican Senator Dole wrote a bill that seemed simple, but changed the face of American innovation. Prior to the Bayh-Dole...

12 February

0 Comments

Sticky

Innovators Brace for Ninth Circuit Oral Arguments in FTC v. Qualcomm

Posted by coffylawpro

in Blog

“Qualcomm acquired [its] market position through ingenuity and business acumen. The Court held that certain features of Qualcomm’s business model violate the Sherman Act by anti-competitively maintaining those monopolies. That ruling departed from the FTC’s theory at trial and the Department of Justice has condemned it.” – Qualcomm opening brief The U.S. Court of Appeals for the Ninth Circuit is set to hear oral arguments tomorrow in the closely-watched case of FTC v. Qualcomm (N.D. Cal. May 21, 2019), which will review the issue of whether Qualcomm is required to license its standard essential patents (SEPs) to modem-chip suppliers, after the district court determined that...

31 January

0 Comments

Sticky

Brexit is Finally Happening: Here’s What to Expect for IP

Posted by coffylawpro

in Blog

“One of the more controversial aspects of the Act is a provision providing that a government minister can (with consultation) provide for certain courts and tribunals not to be bound by EU case law.” The Withdrawal Agreement Act 2020 received Royal Assent on January 23 and was approved by the European Parliament on January 29. That means that the UK will leave the European Union at 11:00 pm GMT on January 31, 2020 and the EU will then have 27 rather than 28 Member States. The UK’s departure from the EU will in due course have a number of implications for intellectual property, in...

30 January

0 Comments

Sticky

Users Lament PAIR Changes During USPTO Forum

Posted by coffylawpro

in Blog

“Down the chain you’re finding paralegals and assistants spending hours and hours per day to get basic information about patent applications,” said Chad Gilles of BigPatentData. “Due diligence can now be a four-hour project because Public PAIR is so overloaded.” Jamie Holcombe, Chief Information Officer at the U.S. Patent and Trademark Office (USPTO), seemed surprised to learn on Wednesday that both the Public and Private versions of the USPTO’s Patent Application Information Retrieval (PAIR) System have serious issues that are making workflows untenable for users. Holcombe was participating in a public Forum on the PAIR system, where USPTO staff listened to stakeholders’ experiences since the Office implemented...