Litigation News

Litigation news from around the web

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.

  • Takeaways from the Recent Qualcomm Decision
    on July 1, 2019 at 6:08 am

    The DOJ's intervention, and the judge's ultimate decision, has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.      &nbs […]

  • Reflections on Potential Legislative Reform of the Patent Eligibility Standard
    on July 1, 2019 at 6:03 am

    In the last five years, the courts have instead began wading into policy setting without the tools and resources to fully consider all the issues and various interests. Thus, the recent congressional efforts to consider these questions is welcome and, frankly, overdue.      &nbs […]

  • States Not Immune from PTAB Proceedings, Federal Circuit Rules
    on July 1, 2019 at 5:53 am

    Fifteen states had argued that they and their public universities shouldn't have to expose their patents to validity review at the patent trial and appeal board.      &nbs […]

  • IP News
    on July 1, 2019 at 5:47 am

    Federal Circuit Finds District Court Erred in Analysis of Motivation to Combine Prior Art References, Yet Affirms Ultimate Conclusion of Non-obviousness Due to the Lack of a Reasonable Expectation of SuccessFederal Circuit Rules that Issue Preclusion Bars a Party from Arguing in an Appeal of an Inter Partes Review Decision an Issue Previously Decided in Another Inter Partes Review Proceeding that Was Not Appealed      &nbs […]

  • As Section 101 and the Progeny of Mayo and Myriad Continue to Wreak Havoc on Portfolios, How Is The Life Sciences Industry Fighting Back?
    on June 1, 2019 at 5:09 am

    Since the U.S. Supreme Court decided Mayo and Myriad, the Federal Circuit has expanded the holdings and invalidated more patents directed to biological discoveries. If the newly discovered correlations and properties of what is found in nature cannot be patented, what strategies for protection are left for companies doing biological research?      &nbs […]

Planet Depos We Make It Happen

  • How A Digital Repository Helps You Organize Your Case
    by Suzanne Quinson on July 10, 2019 at 5:15 pm

    In the digital/green age, paper files are slowly becoming obsolete. Luckily in the world of court reporting, digital repositories are available to help your case. The post How A Digital Repository Helps You Organize Your Case appeared first on Planet Depos. […]

  • Conducting Depositions in France
    by Suzanne Quinson on June 26, 2019 at 5:00 pm

    Depositions of U.S. citizens in France may be conducted with no special requirements or restrictions.  When deposing a French citizen or third-country national, however, the process becomes a little more involved and tedious.  The post Conducting Depositions in France appeared first on Planet Depos. […]

  • Court Reporting: An Under-Marketed Profession (Updated)
    by Planet Depos on June 12, 2019 at 3:40 pm

    What is court reporting? What does a court reporter do? In this blog post we examine the career of a court reporter and how it impacts all of us. The post Court Reporting: An Under-Marketed Profession (Updated) appeared first on Planet Depos. […]

  • Scheduling International Depositions of an Unwilling Witness: Letters Rogatory
    by Suzanne Quinson on May 29, 2019 at 12:00 pm

    In the absence of a treaty with a foreign government, judicial assistance may be pursued by means of a letter rogatory, though it can take a long time. The post Scheduling International Depositions of an Unwilling Witness: Letters Rogatory appeared first on Planet Depos. […]

  • 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. […]

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

  • Camp Invention prepares tomorrow’s innovators
    by USPTO on July 3, 2019 at 1:25 pm

    By Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu Director Iancu meets Camp Invention students in Hyattsville, Maryland, as they work on their innovation force module (photo by Jay Premack/USPTO) For the United States to maintain our leadership role in key science and technology areas, we must harness the concerted efforts of industry, academia, and government to empower the next generation. The USPTO plays a critical role as we work to equip tomorrow’s inventors, innovators, and entrepreneurs with the skills they need to succeed. On June 26, I had the opportunity to visit Camp Invention in Hyattsville, Maryland. I was joined by Al Langer, inventor of the first automatic implantable cardioverter defibrillator. Camp Invention, an annual summer program hosted by the National Inventors Hall of Fame (NIHF), in partnership with the USPTO, turns curious kindergarten through sixth grade students into innovative thinkers. Located in all 50 states, Washington, D.C., and Puerto Rico, there are over 1,800 schools participating in NIHF’s educational programs nationwide. Inspired by National Inventors Hall of Fame inductees, this program delivers a science, technology, engineering and math (STEM) and intellectual property based program to 160,000 students annually, taught by 13,000 local, certified teachers and 9,000 high-school and college-aged interns. The students at Camp Invention in Hyattsville, Maryland, like more than 50,000 students nationwide, receive scholarships to attend NIHF’s education programs. Scholarships allow underrepresented students to learn the 21st century skills to prepare them for the future. The theme of this year’s Camp Invention curriculum is “Supercharged,” and features four modules that incorporate concepts of inventing with activities on superheroes, sea adventures, farm tech, and robots. Dr. Langer and I met and spoke with students working on all four modules. Inventor Al Langer assists students with their deep sea mystery module at Camp Invention in Hyattsville, Maryland (photo by Jay Premack/USPTO) One week of Camp Invention is comprised of programming that presents children with real-world, hands-on challenges that emphasize STEM proficiencies, creative problem solving, collaboration, and entrepreneurship through innovation. Participants are led through the process of invention, learning that failure is a necessary point on the path to success. Teachers are provided with new ways to incorporate STEM skills into their classrooms, and each year Camp Invention introduces a new, cutting-edge curriculum to ensure that the program continues to be an engaging and memorable experience for everyone involved. At the USPTO, we recognize that the next generation needs to gain a strong understanding of intellectual property and problem solving. Programs like Camp Invention introduce young people to important STEM and IP skills in a fun environment, and help build a robust pipeline of talent, ready to meet the expanding needs of a highly technical workforce. These future inventors, innovators, and entrepreneurs will play a crucial role in helping the U.S. compete and succeed in a global economy. […]

  • For U.S. businesses, the USPTO’s IP attachés are there to help
    by USPTO on July 2, 2019 at 3:59 pm

    Guest blog by Shira Perlmutter, Chief Policy Officer and Director for International Affairs at the USPTO I recently had the pleasure of joining five of the USPTO’s IP attachés at a series of meetings with U.S. innovators and stakeholders, including the annual meeting of the International Trademark Association (INTA) in Boston. The IP attachés are intellectual property (IP) experts posted to U.S. embassies and consulates throughout the world. They meet with government officials to explain U.S. perspectives and policies and advocate for improvements to IP systems. They also provide training on effective IP enforcement, monitor IP-related developments, and conduct programs to educate the public on the value and importance of IP. This work is ever more important in an increasingly global marketplace. A group of the USPTO’s IP attachés meet with members of the New England Inventors Association in North Andover, Massachusetts. The meeting was part of the IP Attaché Program’s outreach activities in the Philadelphia and Boston areas this past May. At least once a year, the attachés return to the United States to meet with American innovators and businesses, learn about their IP-related concerns, and share information about IP developments in their regions. This spring, their destinations were Boston and Philadelphia. IP legal counsel Luciano Marchione, who is based in Brussels, Belgium, as part of the USPTO’s IP Attaché Program, speaks with a member of the Inventors Association of New England in North Andover, Massachusetts. He joined a group of several IP attachés to conduct meetings with stakeholders in the Boston and Philadelphia areas this past May. In Boston, in addition to INTA, the IP attachés met with members of the Inventors Association of New England (IANE), one of the nation’s oldest inventor clubs. The group expressed appreciation for the opportunity to meet with the IP attachés and learn about how to protect their IP in foreign jurisdictions. “As independent inventors and entrepreneurs, our members often feel like it’s ‘you against the world.’ ” said George Peters of the IANE, the co-inventor and founder of KettlePizza,® a cooking accessory that can convert an outdoor grill into a pizza oven. “It’s an incredible feeling to know that the IP attachés are in our corner. They place very high value on the independent inventor, work to promote our interests and are available as a resource to answer questions about foreign markets.” L to R: IP specialist Komal Kahla and IP attachés Duncan Willson and Laura Hammel speak with KettlePizza co-founder George Peters during their meeting with members of the New England Inventors Association in North Andover, Massachusetts. The meeting was part of the IP Attaché Program’s outreach activities in the Philadelphia and Boston areas this past May. Business accelerators and incubator programs have been established in many areas of the country to help innovators and start-up companies overcome early-stage growth obstacles. In Philadelphia, the IP attachés visited one such establishment, the University City Science Center, a nonprofit business accelerator in the life sciences field. They also met with representatives of several larger, established companies. In all of these meetings, a common theme presented itself — that while there is worldwide demand for products of American innovation, foreign demand brings additional risks. The IP systems of other countries can be quite different from our own. And even if a business currently manufactures or sells its product only in the United States, it is important to have a plan to protect its IP rights not only at home but abroad. That is where the USPTO’s IP attachés can be a valuable resource. They can assist U.S. stakeholders who are experiencing problems with IP rights abroad or who are considering entering a foreign market. And they are effective advocates in their respective regions for policies and laws that benefit U.S. businesses. Learn more about the USPTO’s IP Attaché Program, including where the attachés are based and how to contact them. […]

  • Intellectual property resources in your area
    by USPTO on June 24, 2019 at 11:43 pm

    By Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office Providing entrepreneurs, small businesses, and independent inventors with access to intellectual property (IP) resources is one of the major priorities for the USPTO. These entities are vital to our country’s economy, but they often don’t have the same resources that larger entities can leverage to protect their innovations. Because of that, the USPTO oversees several programs to assist with free or reduced-cost help in applying for patents, including the Patent Pro Bono Program, the Pro Se Assistance Program, the Certified Law School Clinic Program, and Patent and Trademark Resource Centers. That’s all in addition to the reduced filing fees we charge to small and micro entities. Recently, we updated our website to make many of these resources easier to find. Take a look! The “Find help in your area” link under the “New to IP?” area at the top of the USPTO homepage takes users to a map of the United States where they can select state-specific resource pages and regional USPTO office pages. From free legal assistance to listings of local inventor clubs, there’s a large array of helpful programs. In addition, we’ve added regional event filters to our main USPTO events calendar so you can easily find upcoming events in your local area. Overall, we updated more than 60 pages, and over the next few months, we will be gathering public feedback in order to continue making even more helpful changes to our website. Send us a comment. We’d love to hear from you. Recent USPTO website updates make finding local resources and events easier Under-resourced independent inventors and small businesses may be particularly interested in securing free legal representation to help them protect their inventions using the Patent Pro Bono Program. Located across the country, each of the 21 local nonprofit pro bono programs matches inventors with volunteer patent attorneys to help them navigate the process for obtaining a patent. Since the program began, over 1,900 inventors have been matched with registered patent practitioners, and currently more than 1,500 attorneys are available to volunteer through the program. Another way for inventors and entrepreneurs to secure free legal services is through the Law School Clinic Certification Program. Currently, there are 60 participating law school clinics where law students draft and file patent or trademark applications for clients under the supervision of their law school faculty. Since its inception, over 4,000 law students have participated in the program and have filed more than 850 patent applications and more than 3,300 trademark applications for clients. Some independent inventors and small businesses choose to file patent applications without the assistance of a registered patent attorney or agent—also known as "pro se" filing. We have tools to assist pro se filers, as well as a dedicated USPTO team available to answer filing questions and explain the process. To learn more, visit the Pro Se Assistance Program page of the USPTO website. We also offer independent inventors and small businesses reduced patent filing fees for “micro entities” and “small entities.” Entities that meet the micro-entity requirements are eligible for a 75 percent reduction on most fees, and small entity status offers a 50 percent fee reduction. View the full USPTO fee schedule. Patent and Trademark Resource Centers (PTRCs) are another great way to get IP help. This nationwide network consists of public, state, and academic libraries designated by the USPTO to support the public with trademark and patent assistance. They provide the human touch in helping inventors and small businesses find the information they need to protect their IP. Please note that PTRC representatives are not attorneys, and they cannot provide legal advice. Find a PTRC in your state. These are only some examples of the various services we offer to help inventors and entrepreneurs protect their IP. Visit the USPTO website to learn about even more resources. American history is filled with remarkable stories of inventors and entrepreneurs who worked hard, took risks, persevered, dared to go where others would not, and ultimately overcame tremendous odds to succeed. We will continue to encourage the sparks of inventors’ ideas to grow into the flames of world-changing innovation. […]

  • Continuing to improve our IT infrastructure
    by jabboud on June 7, 2019 at 3:19 pm

    By Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu and Chief Information Officer of the USPTO Jamie Holcombe One of our chief goals at the United States Patent and Trademark Office is to provide consistent, reliable, and high-quality services to all of our stakeholders, in every aspect of their engagement with our office. A major component of providing these services is the ease-of-use and availability of the USPTO’s information technology systems. In the past several months, we have committed personnel and resources to increasing the stability and availability of our IT infrastructure, and deploying state-of-the-art technology throughout our entire enterprise. USPTO’s previous PALM server, currently no longer in use. (Photo by Jay Premack/USPTO) Over the most recent Memorial Day weekend, we reached an important milestone in that effort. Thanks to the hard work of our IT team and the assistance of an expert outside technology firm, we successfully transitioned a critical part of our Patent Application Locating and Monitoring (PALM) application to a new, more modern, stable and resilient server platform. The previous IT platform was almost two decades old. It was difficult to maintain given the age of its hardware and coding, and risked failing without notice. We are proud to announce that we have a new PALM server platform that is 1,000 times faster, 20 times more efficient, and far more stable and less prone to failure. As many of our regular users are aware, last August, the USPTO suffered a database corruption issue in a portion of the PALM application that impacted some of our other servers. Those servers were also old, so we immediately replaced them at that time. Unfortunately, the PALM-related systems failure caused parts of our electronic filing system to be offline for several days last summer. We decided to take a fresh look at our entire IT systems, from top to bottom. We performed an exhaustive analysis of our hardware and software systems. We hired a consulting firm that specializes in our types of complex IT systems. We hired a new Chief Information Officer who has extensive experience both in the private sector and in government. And we resolved to stabilize and modernize all of our IT systems. Our Memorial Day upgrade is a significant step in this multi-stage journey toward increased productivity, reliability and resiliency. Needless to say, a fully modernized IT system that will remain operational per industry standards is a large-scale project that requires significantly more work. We have made the commitment to make the investments that are required to achieve that goal, and will not shy away from any of the challenges that lie ahead. An improved IT infrastructure is critically important to help the USPTO better serve the inventors, entrepreneurs, and the rest of the public that comes before us. Their pioneering innovations and brands create jobs, improve the quality of life, and drive economic progress. We will continue to work with our external partners, stakeholders, and employees to ensure that the U.S. Intellectual Property System leads the world in driving global innovation and entrepreneurship. […]

  • National Military Appreciation Month
    by USPTO on May 23, 2019 at 5:03 pm

    By Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office Andrei Iancu During National Military Appreciation Month, we recognize the role that innovation has played in America’s military strength and honor the service and sacrifice of our men and women in uniform. On May 2, we celebrated the 2019 National Inventors Hall of Fame (NIHF) inductees at the National Building Museum in Washington, D.C. Andrew Higgins, the inventor of the LCVP (Landing Craft, Vehicle, Personnel) known as the “Higgins Boat,” was among the notable inventors honored. Most people recognize the Higgins Boat as the amphibious craft used to land American troops and equipment on the beaches of Normandy and the shores of Iwo Jima. In partnership with the NIHF museum, here at the USPTO headquarters in Alexandria, Virginia, we have an actual Higgins Boat on display until the end of July. Visitors are encouraged to board the craft and learn about the “boat that won the war.” The NIHF Museum, also located at the USPTO, offers American flags for visitors to plant near the exhibit to honor the service of our nation’s veterans. Director Andrei Iancu and Deputy Director Laura Peter plant flags by the Higgins boat on display outside the USPTO headquarters (Photo by Jay Premack/USPTO) The USPTO is strongly committed to hiring veterans. The qualities the military teaches, in addition to the diverse experiences service members have, means that veterans have a great deal to bring to any team. That is why the USPTO has a robust veterans hiring program. Since the program’s inception in 2012, the USPTO has hired about 800 veterans or transitioning service members, which accounts for 6% of our agency’s total workforce. Our veterans tell us how proud they are that by joining the USPTO after active duty, they can continue to serve their country by protecting American assets – in this case, intellectual property. Veterans contribute to our mission in the areas of science and engineering, information technology, contracts, procurement, finance, administration, project and program management, and customer support. Each day, I see these men and women bring to their work at the USPTO the same spirit of selfless service and love of country that led them to serve in uniform. On May 23, I and other USPTO employees participated in our annual Memorial Day observance, organized by the USPTO Military Association, which includes the Walk of Thankful Recognition, from USPTO headquarters to the Alexandria National Cemetery. Each participant was provided a card describing the life of a veteran buried at the cemetery and encouraged to pay his or her respects at the gravesite. As always, this was an extremely meaningful and moving event. This Memorial Day, we join with the rest of our citizenry to honor and remember those who have served and those who have sacrificed for our nation. On behalf of the USPTO, we thank the inventors whose ideas keep our military on the cutting edge, as well as the proud men and women who served in our armed forces. […]

Above the Law A Legal Web Site – News, Insights, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts

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.

  • EU E-Commerce Proposal Aims to Eliminate Barriers; Calls for E-Signatures and Net Neutrality
    on June 1, 2019 at 5:11 am

    The European Union has put forth an ambitious proposal for how countries can eliminate barriers to e-commerce and protect businesses and consumers engaged in online transactions. But parts of the proposal, published as part of a World Trade Organization initiative that includes the U.S. and China, are likely to face opposition.      &nbs […]

  • Social Media Influencers: Basic Tax Issues
    on June 1, 2019 at 5:11 am

    This article discusses the basic tax issues facing social media influencers, who have become an important element in the entertainment industry.      &nbs […]

  • Are Online Reviews Threatening Your Online Reputation?
    on June 1, 2019 at 5:09 am

    An attorney's reputation may be one of the most important factors that clients consider before hiring counsel. In today's world of online reviews, managing your reputation can be challenging. How should you manage online reviews to ensure your reputation and trustworthiness are intact?      &nbs […]

  • Photographs on the Internet: Circuit Courts Examine Copyright Infringement
    on June 1, 2019 at 5:07 am

    Two recent circuit court cases clarified copyright infringement of photographs on the Internet. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.      &nbs […]

  • 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 […]