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.
- Supreme Court Holds Bar Against Registration of Immoral or Scandalous Marks Violates the First Amendmenton August 1, 2019 at 5:07 am
Iancu v. BrunettiThe Supreme Court held the bar against registration of immoral or scandalous marks “collided with well-established free speech doctrine, namely, that laws disadvantaging speech based on the views expressed thereby violate the First Amendment. &nbs
- Case on 'Coolcore' Marks Settles a 34 Year Debate Regarding Bankruptcy and IP Lawon August 1, 2019 at 5:05 am
The U.S. Supreme Court issued its long-awaited decision in Mission Product Holdings, Inc. v. Tempnology , ruling that a trademark licensee can retain its rights under a trademark license agreement that is rejected by the licensor as an executory contract in bankruptcy. &nbs
- Takeaways from the Recent Qualcomm Decisionon 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 Standardon 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 Ruleson 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
Planet Depos We Make It Happen
- 3 Tips for Taking Depositions in Hong Kong (Updated)by Suzanne Quinson on August 7, 2019 at 3:00 pm
Here are several tried-and-tested tips for saving time and money for your client when taking depositions in Hong Kong. The post 3 Tips for Taking Depositions in Hong Kong (Updated) appeared first on Planet Depos.
- How To Take A Deposition in Israelby Suzanne Quinson on July 24, 2019 at 3:00 pm
Israel is a land rich in history, drawing pilgrims of varying faiths from far-reaching parts of the world to her sacred sites. Israel holds natural wonders, from the Dead Sea (the lowest point on earth in any landmass, with the highest concentration of salt of any body of water in the world), to the Golan […] The post How To Take A Deposition in Israel appeared first on Planet Depos.
- How A Digital Repository Helps You Organize Your Caseby 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 Franceby 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.
Director's Forum: A Blog from USPTO's Leadership Updates from America’s innovation agency
- USPTO proposes patent fee adjustmentsby USPTO on July 31, 2019 at 3:00 pm
Guest blog by Acting Chief Financial Officer of the USPTO Sean Mildrew At the U.S. Patent and Trademark Office (USPTO), we continuously work to reinforce the predictability, reliability, and quality of patent rights. To meet this challenge, the USPTO requires a predictable and sufficient stream of funding, which means that we must continually review our fees and adjust them as appropriate. Today’s notice of proposed rulemaking (NPRM) regarding USPTO fees is the result of a comprehensive biennial fee review that began in 2017, when we analyzed the effects of proposed fee changes on our operating model. At that time, we concluded that fee adjustments would be necessary to provide the resources needed to improve patent operations, including implementing the USPTO 2018-2022 Strategic Plan. As part of our analysis, we also received feedback on an initial fee proposal via a Patent Public Advisory Committee (PPAC) hearing conducted in September 2018 and a report issued by PPAC in October 2018. As a result, the proposed fee adjustments outlined in the NPRM increase certain patent fees where there are specific needs and increase the remaining fees at a set percentage to address rising expenses. The significant percentage discounts for small and micro entities are maintained. With this additional funding, we will: Enhance the quality and timeliness of patent examination in order to produce more reliable and predictable patent rights. Enhance the quality and timeliness of AIA trials by providing sufficient judicial and administrative resources to the Patent Trial and Appeal Board. Replenish the patent operating reserve to further stabilize our finances, enabling us to deliver more reliable and predictable service levels, even in times of financial fluctuations. We welcome feedback on the proposed changes. A 60-day public comment period is now open. After reviewing and considering the public comments, we expect to prepare a final rule for publication during the summer of 2020. The NPRM can be accessed here. The preferred method for submitting comments is email addressed to firstname.lastname@example.org. Comments are preferred to be submitted in plain text, but also may be submitted in portable document format (PDF) or a word processing format. Because comments will be made available for public inspection, information that the submitter does not desire to make public, such as an address or phone number, should not be included in the comments. Comments on the fee proposals are due by September 30, 2019.
- Camp Invention prepares tomorrow’s innovatorsby 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 helpby 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 areaby 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 infrastructureby 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.
Above the Law A Legal Web Site – News, Insights, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts
- The Latest Advancements From Everlaw: How One Company Continues To Revolutionize The eDiscovery Game [Sponsored]by Stephanie Wilkins on August 20, 2019 at 3:44 pm
When you want the most cutting-edge eDiscovery suite on the market, you want Everlaw.
- AOP: The Biggest POS Of All Themby Kay Thrace on August 20, 2019 at 3:18 pm
Annual Operation Planning is a special circle of hell reserved for betrayers, heretics, and in-house counsel.
- Welcome To Law School, First-Generation Studentsby K.G. Molina and LawProfBlawg on August 20, 2019 at 2:48 pm
As more first-generation college students go to law school, we can help others like us with this feeling of precariousness.
- 3 Lessons From A David v. Goliath IP Victoryby Gaston Kroub on August 20, 2019 at 2:01 pm
A reminder to would-be infringers that there are consequences to disrespecting the rights of smaller innovators.
- Morning Docket: 08.20.19by Joe Patrice on August 20, 2019 at 12:20 pm
* Law firm expenses outpaced revenue for the first half of 2019 and there's no way that's going to come back and haunt us. [American Lawyer]* The DOJ is siding with Led Zeppelin in the Stairway to Heaven copyright fight. Good to know this DOJ has everything else under control. [Rolling Stone]* California has a new law that says police should only kill when "necessary" and consider the kind of dystopian world we live in where this needed to be spelled out in a law. [NPR]* Barr announces new BOP head to exploit Epstein's death for the sake of some boondoggle in prison spending. [Courthouse News Service]* The NRA tried to insert itself into Oliver North's deposition in an act of stunning chutzpah. They got denied. [Law360]* A follow-up on law student's suicide and his family's efforts to help others. [Good Men Project]* CFTC faces scrutiny for "being honest." [National Law Journa
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 Neutralityon 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 Issueson 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 Infringementon 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 Processon 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