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LJN - Intellectual Property Strategist The newsletter publishing arm of ALM, publishers of The National Law Journal, The American Lawyer and legal newspapers of record throughout the U.S.

  • Hey! That's My Move!
    on May 1, 2019 at 5:09 am

    Copyright, Fortnite and the Ability to Protect How You Shake Your Groove ThingThe U.S. Supreme Court just crashed the copyright world's latest dance party — stepping on the toes of a soiree of copyright infringement lawsuits against videogame developer Epic Games, the creator of Fortnite.      &nbs […]

  • IPR Estoppel: The Present and the Future
    on May 1, 2019 at 5:07 am

    IPRs have now been conducted for several years, and litigation has ensued over the procedures by which they are conducted. Decisions have been rendered by the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit, which have resolved some issues, created others, and altered procedures.      &nbs […]

  • Best Practices for Social Media Advertising
    on May 1, 2019 at 5:05 am

    Social media is growing up, and this means that brands of all sizes and across all industries are using social media as part of their marketing strategy. However, courts have confirmed that the basic tenets of intellectual property law and advertising law still apply. The following guidelines stem from common questions that clients often have in the area of social media marketing.      &nbs […]

  • IP News
    on May 1, 2019 at 5:03 am

    Federal Circuit Declines to Follow Patent Office's Subject Matter Eligibility Guidance In Affirming Trial Court's Decision That Claims Are Directed to Patent-Ineligible Subject Matter      &nbs […]

  • The Supreme Court Finally Resolves An Old, Vexing Question: Does “Registration Mean “Registration ? Answer: “Yes.
    on April 1, 2019 at 5:09 am

    In Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, the Supreme Court resolved a circuit split decades in the making by holding that a copyright is not “registered within the meaning of the Copyright Act unless and until a registration certificate actually has issued.      &nbs […]

Planet Depos We Make It Happen

  • How To Plan The Perfect International Deposition
    by Suzanne Quinson on May 9, 2019 at 5:15 pm

    There are three main components to a full preparation that need to be taken into consideration when you are planning an international deposition. The post How To Plan The Perfect International Deposition appeared first on Planet Depos. […]

  • Eight Safety Tips for International Travel (Updated)
    by Suzanne Quinson on April 24, 2019 at 5:00 pm

    International travel can be a harrowing experience. Fortunately, there are many resources available on avoiding trouble when traveling overseas. The post Eight Safety Tips for International Travel (Updated) appeared first on Planet Depos. […]

  • Trevor’s Adventures: Travel and Depositions in Jordan
    by Trevor Price on April 10, 2019 at 5:00 pm

    It’s been a while since I have been somewhere that was really new to me when it comes to traveling.  Recently, however, I had the chance to do a deposition in Amman, Jordan, and I leapt at the chance to finally experience the Middle East first hand. I spent a little bit of time researching […] The post Trevor’s Adventures: Travel and Depositions in Jordan appeared first on Planet Depos. […]

  • Top Hotels in Seoul, South Korea (Updated)
    by Suzanne Quinson on March 27, 2019 at 5:45 pm

    Seoul, South Korea, is a big city with a lot of traffic, so choosing the right hotel is vital. We've put together a list of hotels with great locations. The post Top Hotels in Seoul, South Korea (Updated) appeared first on Planet Depos. […]

  • How To Take A Deposition In Jordan
    by Alicia Hall on March 13, 2019 at 5:00 pm

    Taking a deposition in the scorching deserts of Jordan? No sweat! We’ll walk you through the potential obstacles you might face and let you know what to expect once you’re on the ground. Traveling to Jordan to take a voluntary deposition of a willing witness sounds like a cumbersome planning process lies ahead, but rest […] The post How To Take A Deposition In Jordan appeared first on Planet Depos. […]

Director's Forum: A Blog from USPTO's Leadership Updates from America’s innovation agency

  • Spotlight on Commerce: Charles Kim, Director of the Office of Petitions
    by USPTO on May 15, 2019 at 5:01 pm

    A blog about the USPTO from the Department of Commerce. Ed. Note: This post is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce employees in honor of Asian American and Pacific Islander (AAPI) Heritage Month. Charles Kim, Director of the Office of Petitions. (Photo by Jay Premack/USPTO) As the Director of the Office of Petitions, I oversee a talented group of petitions examiners, attorneys, and paralegals that review over 45 different types of petitions and issue approximately 40,000 petition decisions per year. By issuing high quality and timely petition decisions, the Office of Petitions supports the USPTO’s strategic goal of optimizing patent timeliness and helps to promote the reliability and predictability of patent rights. I was born in Seoul, South Korea. My family immigrated to the U.S. when I was four years old.  Like many Asian American and Pacific Islander (and other immigrants) parents, my parents sought to provide a brighter future for their children. With limited financial means and even more limited ability to speak English, my parents understood the uncertainties and challenges that lie ahead. However, they believed that providing their children with better opportunities was worth the risk of leaving behind their families and friends, and venturing out into the unknown.  When we first arrived in Queens, New York, my parents only had about $500 and a Korean-English dictionary. Shortly after we arrived, my father found a job at a local grocery store and my mother started working at a clothing manufacturing company. They worked long, hard hours, but eventually saved enough money to start their own business.  We moved to New Jersey when I was about ten years old. After graduating from high school in New Jersey, I attended Rutgers University, where I earned a B.S. degree in electrical engineering.  During my senior year at Rutgers, I saw a newsletter on a table as I walking through the hallway in one of the engineering buildings. The front page of the newsletter had the headline, “The USPTO is Hiring Talented Engineers.” I applied, and a couple of months later, I started my first full-time job as a patent examiner examining applications relating to image analysis. While working as a patent examiner, I obtained my law degree from George Washington University Law School. After graduating from law school, I was selected as a Supervisory Patent Examiner in the Computer Architecture and Software Technology Center. I was fortunate to have the opportunity to serve on career development details at the Office of Patent Legal Administration and the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO. Immediately prior to my current role, I served for two years as a Senior Advisor to the Deputy Commissioner for Patent Examination Policy. Charles Kim providing an overview of petitions practice to IP students visiting from KAIST University. One of the biggest motivating factors for me is when I look back and think about the sacrifices that my parents made so that I could have a brighter future. I am determined to succeed so that their sacrifices were not in vain.  I suspect that this is not a unique motivating factor for many 1.5 generation Asian American and Pacific Islanders (Note that the term “1.5 generation” refers to people who immigrated to the U.S. as children).  And in many ways, this is what Asian American and Pacific Islander Heritage Month means to me. Asian American and Pacific Islander Heritage Month is an opportunity to reflect on the perseverance, sacrifice, and hard work of the many Asian American and Pacific Islanders that came before me to help build the foundation for future Asian American and Pacific Islander generations to become successful leaders across business and government, and to continue to advance our great nation. One quote that has had a meaningful impact on my leadership approach is attributed to Peggy Focarino, the former Commissioner for Patents. During her retirement ceremony, Peggy stated that it is important to recognize “Mission First; People Always.” This phrase has stuck with me because it reminds me that regardless of your organization or your title, the one thing that is common (and most important) to all leaders is the people (that they lead). My advice for those starting their career is to motivate yourself to step outside of your comfort zone.  Picture your comfort zone as a circle. If you position yourself slightly outside the circle, your circle (i.e., comfort zone) will eventually grow. By continuing to stay slightly outside the circle, you will experience continuous growth and improvement, which is a recipe for success!&nbs […]

  • Commerce Secretary Ross Honors 2019 National Inventors Hall of Fame Inductees at the National Building Museum
    by USPTO on May 6, 2019 at 2:39 pm

    A blog about the USPTO from the Department of Commerce. Secretary Ross spoke at the National Inventors Hall of Fame induction ceremony on May 2, 2019 at the National Building Museum in Washington, D.C. (Photo by Jay Premack/USPTO) Last week, U.S. Commerce Secretary Wilbur Ross joined the United States Patent and Trademark Office (USPTO) in inducting nineteen of America’s greatest inventors into the National Inventors Hall of Fame (NIHF) which was held at the historic National Building Museum in Washington, D.C. At the event, Secretary Ross addressed the important role that innovation plays in transforming and advancing our society. Television personality Danica McKellar moderated the event, Secretary of Commerce Wilbur Ross and Director of the USPTO Andrei Iancu delivered remarks, and Director Iancu presented induction medals. Nine living inventors were inducted, and another ten were named posthumously. The inductees’ patented innovations revolutionized their industries and changed people’s lives. Those honored included Chieko Asakawa for creating accessible technology for visually disabled individuals; David Walt for developing microwell arrays that could analyze thousands of genes simultaneously; and S. Duncan Black and Alonzo G. Decker for laying the foundation for the modern power tool industry with their invention of the portable hand-held electric drill. At the ceremony, Secretary Ross stated, “For those being inducted today, we greatly admire your grit in persevering through the trials and errors needed to turn your ideas into reality, and for your contributions to humanity.” Read Secretary Ross' full remarks. USPTO Director Iancu stated, “When we humans harness that most unique of human qualities—the power to reason, to work together, to invent, to create—we are capable of the most remarkable things. That is what inventors do, and that is what we celebrate tonight.” Read Director Iancu’s full remarks. In partnership with the USPTO, the National Inventors Hall of Fame has impacted 2.2 million children, educators, college students, and inventors since 1990, and 200,000 in 2018 alone. To be inducted into the National Inventors Hall of Fame, one must hold a U.S. patent, as well as contribute significantly to the nation's welfare and the advancement of science and the useful arts. NIHF was established in 1973 to honor U.S. patent holders whose inventions created new industries that employ millions of people and helped to stimulate economic growth for our nation and beyond. View a complete list of the honorees and the stories behind their inventions online. […]

  • Celebrating World IP Day
    by USPTO on April 26, 2019 at 11:48 am

    By Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office Andrei Iancu Every year on April 26, we celebrate World Intellectual Property Day. Established by the World Intellectual Property Organization in 2000, World IP Day highlights the importance of intellectual property in our lives around the globe. This year’s theme is "Reach for the Gold: IP and Sports.” Inventions have revolutionized sports. From the athletic shoe and protective helmet, to materials like VELCRO®, LYCRA®, and ASTROTURF®, sports inventions have helped improve the speed, accuracy, and safety of athletes everywhere. Now, technological advances in robotics and artificial intelligence are fueling change in sports. And, perhaps even more exciting, these advances often have applications not only in sports, but in other industries as well. Consider Stan Honey, who was inducted into the National Inventors Hall of Fame last year for his unique augmented-reality tools. He holds over 30 U.S. patents and is the creator of the navigation and tracking technology behind the Virtual Yellow 1st & Ten® line superimposed over the playing field on television and other graphics used across a wide variety of sports. Learn more about how Stan Honey came up with the idea of the first down line or visit the interactive 1st and Ten® Line Stadium exhibit at the National Inventors Hall of Fame Museum at the USPTO headquarters. Across the country, the USPTO is holding a number of World IP Day events. Last week, I participated in several such events in California, including a discussion at the University of California San Diego on innovation and sports, featuring Bill Walton, retired basketball player, television sportscaster, and Basketball Hall of Fame inductee. Walton is currently the executive chairman of San Diego Sport Innovators (SDSI), a non-profit, business-accelerating, trade organization that connects and drives the growth of Southern California's vibrant sports economy. At the USPTO earlier this week, Deputy Director Laura Peter interviewed entrepreneur and former professional football player Shawn Springs. After seeing first-hand the risks associated with head injuries and concussions in football, Springs thought the head protection used in car seats for children could have a much wider application. He founded the company Windpact, which uses his patented Crash Cloud® technology in helmets, with air-filled compartments that compress upon impact and then refill with air to regain their space. This technology has applications in football and other sports, as well as the automotive and military sectors. And, on April 29, we will be holding our annual celebration of World IP Day on Capitol Hill, where we will be joined by members of Congress and sports companies. This year the keynote speaker is Dr. Phil Wagner, CEO of Sparta Science, whose force-plate technology helps predict injury risks for athletes. A strength coach and former rugby player, Dr. Wagner developed the Sparta System, which uses artificial intelligence technology to capture a personalized body scan. The scan can then identify areas prone to injury and prescribe personalized training programs to correct weaknesses. The Sparta System is already being deployed among college athletes and professionals and is also used by the military. At the USPTO, we have the opportunity to celebrate creativity and innovation every day, and to see the cutting-edge technologies that inventors and entrepreneurs bring through our doors. These innovations will continue to play an even bigger role in the future, and they remind us of the inspiring power of invention and intellectual property, and their importance in driving our innovation economy. […]

  • USPTO employees give back through the Combined Federal Campaign
    by USPTO on April 16, 2019 at 2:58 pm

    By Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office Andrei Iancu From left: Deputy Director of the USPTO Laura Peter, USPTO CFC Campaign Manager LaShawn Fortune, and Director of the USPTO Andrei Iancu. Photo courtesy of Amando Carigo/USPTO. Every year, federal government workers nationwide join in the Combined Federal Campaign (CFC) to donate funds and volunteer time to thousands of local, national, and global charities. The recently concluded 2018 campaign, which ran from September 10, 2018 to February 22, 2019, was no exception, and I want to publically commend the employees of the USPTO for continuing their proud tradition of giving. The CFC is a 57-year federal tradition that has raised more than $8 billion for charitable organizations. It is one of the world's largest and most successful annual workplace charity campaigns, with 36 CFC zones throughout the country and overseas raising millions of dollars each year. In the 2018 campaign, the total amount raised was over $35 million and participants pledged more than 56,000 volunteer hours. The USPTO was honored to be the lead agency for the entire Department of Commerce (DOC) during the campaign. Under the guidance of the USPTO CFC Campaign Manager LaShawn Fortune, Deputy Campaign Manager Alexa Neckel, and the Patent Trial and Appeal Board’s Troy Tyler, who served as campaign manager for the Department of Commerce, we raised more than $1.1 million, or roughly 45 percent of department’s total contribution. This is incredibly impressive! I was proud to see that our agency, which is charged with protecting and promoting innovation, itself put innovation into practice for this campaign. The USPTO’s campaign combined special events, videos, custom graphics, employee testimonials, and regular agency-wide promotions on behalf of those in need. Via the USPTO Weekly, employees shared their personal CFC cause, from local food banks and after school programs to raising awareness of, and finding cures for cancer and HIV/AIDS. This creative determination earned Campaign Manager Fortune as an individual and the USPTO as a whole CFC Innovation Awards, which go to “the department, agency or campaign manager that implemented new and creative practices that resulted in increased contributions, participation, or education about the CFC.”During the CFC charity fair we held in December, employees had the chance to learn firsthand about the great charities involved in the campaign. In addition, we found that charities benefited from meeting each other. For example, at the fair, a charity that sent regular support shipments to Africa met a charity that made inexpensive but critical light sources for people in Africa that was having issues reducing shipping costs. Through some conversation, they decided to work together so that the light manufacturer could add his product to the other’s support shipments for little to no cost. From the beginning, the USPTO’s campaign emphasized how there are people all across the nation and the world, who need just a little help. A small donation can fund tutoring and job training sessions, provide food and shelter, help wounded veterans, bring adoptive families together, and so much more. The CFC gives us a chance to pull together and help each other to reach new heights, and we look forward to doing so again in the 2019 campaign. Thank you for your contributions and hard work. […]

  • Spotlight on Commerce: Laura Peter, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO
    by USPTO on March 25, 2019 at 8:07 pm

    Blog about the USPTO from the Department of Commerce. Ed. note: This post is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce employees during Women’s History Month. Guest blog post by Laura Peter, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the U.S. Patent and Trademark Office (USPTO) Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the U.S. Patent and Trademark Office (Photo by Jay Premack/USPTO) This past November, I was appointed Deputy Director of the U.S. Patent and Trademark Office (USPTO), and since then I have been actively supporting our agency priorities and working with our high-caliber employees. Deputy Director Laura Peter (right) is sworn in by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu on November 14, 2018. (Photo by Jay Premack/USPTO)  I grew up in California and pursued math and science from a young age. My father was a vice president at Hughes Aircraft Company, and when I was a young girl they were launching the first geosynchronous satellites into orbit. So when I was about three years old, I decided I wanted to be an astronaut! I have since learned that I don't like heights very much, and so, being an astronaut was not in my future. I was also interested in puzzles and mathematics, and that naturally led into engineering. I always had a very strong interest in technology and policy, so when I finished my engineering degree at Cornell University, I went on to the University of Chicago and received my master's in public policy studies. I was interested in how legislation and policies should be developed in light of changing technology, and eventually I became a full-time lawyer. After practicing in the private sector for many years, I came to the USPTO – returning full circle to actualize the dream that I dreamt so many years ago. The level of diversity at the USPTO is amazing, and this agency has done a phenomenal job of encouraging people from all walks of life to join the USPTO community to pursue their careers. Coming from the world of intellectual property in Silicon Valley where I was often the only woman in the room, this is especially refreshing and something the private sector could learn from.  Deputy Director Laura Peter meets with members of the Supervisory Patent Examiner and Classifiers Organization in her office. (Photo by Jay Premack/USPTO) One issue that is tremendously important to the USPTO is increasing the number of women inventors and expanding the innovation ecosphere. According to a study published last month by our Office of the Chief Economist, women inventors comprised only twelve percent of all inventors on patents in 2016. This needs to change! In addition, there have been so many women inventors throughout history that we don’t talk about enough. For example, take National Inventors Hall of Fame inductee Harriet Strong, whose inventions in water storage in 1887 enabled the construction of the Hoover Dam, or Hedy Lamarr, who patented a frequency-hopping technique that paved the way for developments in modern wireless communications. Especially during Women’s History Month, but really all throughout the year, one of the most important things we can do is share stories of women inventors, past and present, who can serve as role models for all women and help inspire them to create and innovate. Many people have pushed me to excel and take chances throughout my life -- from my math teacher in elementary school encouraging me to take an advanced math class, to my choir teacher insisting that I sing the solo. My mother always told me “When something doesn’t work out, try something else, and then try something else, and never give up.” And I truly believe in this. The most important advice I would give to other women is: 1) be in the room and participate, and 2) do not give anyone an excuse to take you out of the running -- build your resume, get that advanced degree, and make yourself the strongest candidate you can be. […]

LJN - Internet Law & Strategy The newsletter publishing arm of ALM, publishers of The National Law Journal, The American Lawyer and legal newspapers of record throughout the U.S.

  • Navigating the Two Sides of Amazon's Take-Down Process
    on May 1, 2019 at 5:09 am

    In this article, we explain how copyright, trademark and patent infringement issues unfold on Amazon by describing the process for rights holders to report infringement, and the impact of successful infringement take-down requests.      &nbs […]

  • Marketing Tech: 7 Habits of Effective Online Marketers
    on May 1, 2019 at 5:03 am

    The advantage of online marketing is that it is one-to-many, as opposed to in-person marketing which is one-to-one. By adopting the seven habits of effective online marketers, CMOs can generate more business for their law firms.      &nbs […]

  • Online Extra: Europe Passes Controversial New Copyright Law
    on April 1, 2019 at 5:04 am

    Technology Platforms Such As Google, YouTube and Facebook Had Opposed the Changes, Which Will Require Them to Compensate Publishers, Artists and MusiciansEU lawmakers have approved controversial new copyright rules that aim to make it easier for content rights-holders to make money when their content is used on digital platforms but could force large platforms such as Google, Facebook and YouTube to make changes to their operations.      &nbs […]

  • BREAKING NEWS: Europe Passes Controversial New Copyright Law
    on March 26, 2019 at 8:12 pm

    EU lawmakers have approved controversial new copyright rules that aim to make it easier for content rights-holders to make money when their content is used on digital platforms but could force large platforms such as Google, Facebook and YouTube to make changes to their operations.      &nbs […]

  • 25 Years After: Campbell v. Acuff-Rose and the State of Copyright Fair-Use Controversies
    on March 1, 2019 at 5:15 am

    On March 7, 1994, the U.S. Supreme Court decided for the first time that a parody may be a copyright fair use. In the 25 years that followed, the High Court's unanimous 9-0 ruling in Campbell v. Acuff-Rose Inc., has been cited in more than 500 court decisions. But the Supreme Court's pronouncement left questions and controversies in its wake.      &nbs […]