THE AMERICAN LAWYER / CORPORATE COUNSEL
Lisa Shuchman is an experienced journalist who is currently senior international editor for Law.com, The American Lawyer and other ALM Media publications. She oversees coverage of the business and practice of law around the world. Previously, she was a senior reporter for Corporate Counsel and The American Lawyer. She has worked as a foreign correspondent for The Wall Street Journal and as a reporter for The New York Times, based in Japan. She has covered a range of issues, including legal affairs, business, politics, immigration and human rights.
THE AMERICAN LAWYER / CORPORATE COUNSEL
Jeremy Wright, Britain’s attorney general, appeared before the United Kingdom’s highest court in early December to argue one of the most significant constitutional cases Britain has seen in recent history: a case that will determine whether a vote by Parliament is required before the government can begin formal steps to leave the European Union. A week later, Wright was in New York, assuring top global law firms and their clients that despite the uncertainties created by Brexit, Britain is...
A sign spurs a reporter to chase down the truth about the first U.S. patent.
Patent attorneys are by now well aware that 2015 saw a near-record number of patent cases filed in U.S. district courts. Now we can see who benefited most from all that litigation.
The U.S. International Trade Commission, the somewhat obscure independent federal agency that despite its low profile wields substantial power in the world of intellectual property, is showing once again that it is both an attractive and formidable venue for companies fighting for market share.
The amount of trademark litigation filed each year in the U.S. has remained fairly steady over time, but the Central District of California, the Southern District of New York and the Southern District of Florida were the most popular districts for trademark lawsuits from January 2009 through March of 2016, according to a new report. Read more: http://www.corpcounsel.com/id=1202758331439/Trademark-Litigation-Steady-Report-Finds#ixzz49VVPrDqa
The number of patents granted by the U.S. Patent and Trademark Office dropped in fiscal year 2015 for the first time in seven years, according to PricewaterhouseCoopers' annual patent litigation study, released on Tuesday. The decline is likely a result of the U.S. Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank, which made it more difficult to obtain and assert software patents. Read more:...
Companies have been actively increasing the size of their trademark portfolios but the increase in trademark-related support services, such as watching the market and monitoring for abuse and infringement is not keeping pace, according to a new study by the IP management and analytics company Lecorpio. Read more: http://www.corpcounsel.com/id=1202757916767/Companies-Skimp-on-Trademark-Services-Study-Finds#ixzz491kNqXmF
When Oracle Corp. executive vice president and general counsel Dorian Daley informed her outside counsel in the Oracle v. Google copyright infringement suit that she wanted her company's chief Java architect to participate in a critical meeting with the solicitor general of the United States, the lawyer, a highly respected and successful appellate attorney, balked. Read more: http://www.corpcounsel.com/id=1202757758637/Blurred-Lines-at-Oracle#ixzz48vyVSf6l
President Barack Obama signed the Defend Trade Secrets Act of 2016 into law on Wednesday, giving companies the ability for the first time to use federal law to sue those who misappropriate their confidential information. Read more: http://www.corpcounsel.com/id=1202757467625/Obama-Signs-Trade-Secrets-Act-Into-Law#ixzz48TbtPYph
India may be showing signs that it no longer wants to be Big Pharma’s public enemy No. 1. In an about face, the Indian Patent Office has granted a patent to Gilead Sciences for its Sovaldi drug, which treats hepatitis C. Last year, the same office rejected the company’s patent application after a challenge was filed by patient advocacy groups and companies that make pharmaceutical ingredients. At that time, India’s patent office said Sovaldi, whose generic name is sofosbuvir, was not a...
Anecdotal reports have suggested that the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board has created a dire situation for patent owners, but a recently released study has found that outcomes from the PTAB are much more balanced. Read more: http://www.corpcounsel.com/id=1202756714724/PTAB-Is-No-Patent-Killer-Report-Finds#ixzz47efsvTyP
The U.S. Trade Representative’s Office has once again singled out China and India as countries that do not adequately protect patents, copyrights and other intellectual property rights. But this year it added an unexpected culprit to the list of nations that it says fall down on protecting IP: Switzerland, the land of chocolate and cuckoo clocks. Read more: http://www.corpcounsel.com/id=1202756549121/US-Trade-Rep-Calls-Out-China-India-andSwitzerland--Over-IP-Laws#ixzz47bft02vz
With the United States and Cuba moving toward normalizing relations, the last vestiges of the Cold War are fading. But two companies that have been locked in a rum war for more than two decades show no signs of ending their legal battle over who has the right to use the Havana Club trademark in the United States.
The number of patent litigation filings related to new drug applications before the U.S. Food and Drug Administration, commonly known as ANDA (Abbreviated New Drug Applications) filings, increased 68 percent in 2014-15 compared with the average number of cases filed in each of the previous five years, a new report by the legal analytics company Lex Machina says. Read more: http://www.corpcounsel.com/id=1202755924593/Pharma-Patent-Battles-Seeing-Steep-Increase#ixzz47bgmKf5I
It took almost 40 years, but Europe’s Unified Patent Court finally seems close to becoming a reality. Read more: http://www.corpcounsel.com/id=1202755168123/Unified-Patent-Court-Means-Big-Changes-for-Europemdashand-the-World#ixzz46V6JvcPb
The number of patent lawsuits filed in the first quarter of 2016 dropped to its lowest point since 2011, according to entities that track patent litigation data. But this does not mean the patent litigation tide is finally turning. Read more: http://www.corpcounsel.com/id=1202754688751/Patent-Suits-Down-in-1Q-But-Is-This-Just-a-Litigation-Lull#ixzz45d5NwYc9
Almost 30 percent of all piracy takedown requests are problematic, with millions taking aim at targets that do not even match the alleged infringing content, according to a new study looking at the impact of copyright takedowns on free expression in the United States. Read more: http://www.corpcounsel.com/id=1202754214411/Study-Finds-Major-Flaws-in-DMCA-Takedown-Procedure#ixzz45AFP2mLa
The U.S. Court of Appeals for the Federal Circuit will not force the U.S. Patent and Trademark Office to publish the trademark application filed by Simon Tam, founder of the Asian-American rock band The Slants, despite its December ruling that the PTO violated Tam’s First Amendment rights by refusing the application on the grounds that it was disparaging. Read more: http://www.corpcounsel.com/id=1202753725465/Federal-Circuit-Says-It-Wont-Force-PTO-Action-on-The-Slants-Trademark#ixzz44b1JlED6
The global sports industry loses billions of dollars a year to counterfeiting—not only of merchandise but also of fake tickets, illegal streaming and bogus social media and online offers, according to a new report that highlights major intellectual property issues facing sports organizations. Read more: http://www.corpcounsel.com/id=1202752722263/Report-Sports-Industry-Loses-Billions-to-IP-Thieves#ixzz43jqtWaIA
Data analytics company Lex Machina published its annual Patent Litigation Year in Review Tuesday, confirming that 2015 saw a near-record number of patent cases filed in district courts, with more than 43 percent of those filed in the Eastern District of Texas. Read more: http://www.corpcounsel.com/id=1202752295083/Report-2015-Saw-a-NearRecord-Number-of-Patent-Cases#ixzz435ifrzax
The U.S. Patent and Trademark Office has suspended all rulings on trademark applications that could be subject to refusal under the legal provision banning registration of marks bearing “scandalous or disparaging” subject matter. Read more: http://www.corpcounsel.com/id=1202752173497/With-Law-in-Flux-PTO-Suspends-All-Rulings-on-Disparaging-Trademarks#ixzz435jQUcSo
It’s been an up and down week for the Coalition for Affordable Drugs, hedge fund manager Kyle Bass and serial patent litigant Erich Spangenberg’s campaign to convince the U.S. Patent and Trademark Office to invalidate select patents on pricey prescription drugs. The agency denied three of the coalition’s petitions on Thursday, just three days after it agreed to review two other petitions. Read more:...
Are state-sponsored patent funds licensing and monetization companies or state-sponsored patent trolls?
Kyle Bass and Erich Spangenberg, the men behind a crusade challenging the validity of more than 30 pharmaceutical patents, have convinced the U.S. Patent and Trademark Office to institute reviews of two more drug patents. Read more: http://www.corpcounsel.com/id=1202751772701/In-a-Win-for-Crusaders-Bass-and-Spangenberg-PTO-Agrees-to-Reconsider-Pharma-Patents#ixzz42S4VKc00
Erich Spangenberg, one of the principal architects of a campaign challenging the validity of more than 30 pharmaceutical patents at the U.S. Patent and Trademark Office, suggested Monday that PTO director Michelle Lee may have interfered with challenges brought by his campaign. Read more: http://www.corpcounsel.com/id=1202750995097/Pharma-Foe-Spangenberg-Accuses-PTO-Director-of-Bias#ixzz41ez8pFeU
A YouTube video that is part of a Harvard University online course on copyright law is once again accessible to students after Sony Music Entertainment unblocked it and released its copyright claim. Read more: http://www.corpcounsel.com/id=1202750022623/Update-Sony-Drops-Copyright-Claim-over-Harvards-Copyright-Law-Lecture#ixzz40YDGkCyN
An online lecture on U.S. copyright law offered by Harvard University ihas been taken down by YouTube due to a copyright claim by Sony Music. Adding to the irony, the blocked lecture, which explains aspects of copyright law as it applies to music and licensing, is taught by William “Terry” Fisher, a noted copyright expert who is the WilmerHale Professor of Intellectual Property Law at Harvard Law School. Read more:...
Lawyers in the pharmaceutical and biotechnology industries have had their hands full fighting challenges to patents and accusations of price gouging. But it appears they are armed and ready to continue their fight, according to a global IP data survey of those industries. Read more: http://www.corpcounsel.com/id=1202749506281/Pharmas-IP-Lawyers-Getting-Needed-Attention#ixzz40MHKwpZg
Big Pharma, which is under attack in the U.S. for its pricing and patent polices, has gone on the offensive overseas. It has asked the U.S. Trade Representative’s office to place India and 12 other countries on the Priority Watch List in its 2016 Special 301 Report, which identifies countries the U.S. believes do not adequately protect intellectual property rights. Read more: http://www.corpcounsel.com/id=1202749385040/Pharma-Companies-Slam-Indias-Weak-IP-Laws#ixzz3znQGK79F
Most companies that focus on intellectual property offer financial rewards to their inventors, but many don’t track key performance indicators to gauge quality, quantity and efficiency of those inventions, according to a new survey. Read more: http://www.corpcounsel.com/id=1202747974981/Survey-Companies-Arent-Getting-the-Full-Value-of-Inventions#ixzz3yOhVPIxM
Earlier this year, an avid golfer here reportedly offered $3.57 million to buy a membership at the exclusive Koganei Country Club. But, as a sign of the fanatical attachment of the Japanese to the game, no Koganei member was willing, even for that unprecedented sum, to sell.
The state of Vermont can proceed with its lawsuit against the much-maligned patent holder MPHJ Technology Investments in state court, the U.S. Court of Appeals for the Federal Circuit ruled Monday, handing a victory to Vermont Attorney General William Sorrell and to other states that have passed consumer protection laws to thwart patent trolls. Read more: http://www.litigationdaily.com/id=1202666503745/Vermont-AG-Beats-Appeal-by-Accused-Patent-Troll-MPHJ#ixzz3ABzXAZGK
A record number of patent lawsuits were filed in U.S. District Courts Monday, as nonpracticing entities rushed to avoid a change in the law that took effect today requiring plaintiffs to spell out in detail in their complaints how their patent is being infringed. Read more: http://www.corpcounsel.com/id=1202743745303/Trolls-Rush-In-to-Avoid-Fed-Procedure-Change#ixzz3tCRAGRCK
Applying the age-old concepts of searching and ranking to the Internet helped Google Inc. become one of the world's richest companies. But over the past three weeks, Google and its lawyers have defeated three separate patent cases on the grounds that taking an abstract idea and adding a computer doesn't warrant U.S. patent protection. Read more: http://www.litigationdaily.com/id=1202669028601/Patent-Wins-Pile-Up-for-Google-After-Alice-v-CLS-Bank#ixzz3CRr9WcXU
Drew Hirshfeld has been appointed the new Commissioner for Patents at the U.S. Patent and Trademark Office, filling the spot previously held by Margaret “Peggy” Focarino, who retired earlier this month after 38 years with the agency. Read more: http://www.corpcounsel.com/id=1202733497946/PTO-Veteran-Promoted-to-Commissioner-for-Patents#ixzz3hOy7fPYV
Patent litigation filings declined significantly in 2014, falling 29 percent over the previous year. But nonpracticing entities (NPEs) continued to be responsible for a huge percentage of that litigation, according to a group that helps small- and medium-sized businesses fight frivolous patent suits. Read more: http://www.corpcounsel.com/id=1202714421971/Patent-Litigation-Is-Down-but-Trolls-Take-a-Big-Share#ixzz3OH2mQI2I
The notorious patent troll MPHJ Technology Investments will have to defend the validity of two of its patents before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board, which ruled Monday that there is a "reasonable likelihood" that it may find the patents invalid. Read more: http://www.litigationdaily.com/id=1202668271589/Patent-Troll-MPHJ-Faces-Special-PTO-Review#ixzz3BdDCRA1D
Patent litigation isn't what it used to be. Monumental changes to U.S. patent law have changed the rules of the litigation game. Basic assumptions about patent law that existed just a few years ago no longer apply. The changes have raised new questions about venue, costs and validity. The shifts in the patent landscape are forcing companies and their counsel to re-evaluate their intellectual property portfolios. Some in the patent bar are calling it a "brave new world." Read more:...
A recent ruling by the U.S. Court of Appeals for the Federal Circuit may render the U.S. International Trade Commission less relevant in a world that is quickly moving into the digital age. Read more: http://www.corpcounsel.com/id=1202749084318/Federal-Circuit-Ruling-Could-Limit-the-ITCs-Reach#ixzz3zcQ2jm5p
In a sign that YouTube may be willing to push back against indiscriminate allegations of copyright infringement, the company announced it will offer legal support, including covering court costs, to protect some videos on its site that it believes meet the standard of “fair use” under copyright law but have been challenged with takedown notices. Read more: http://www.corpcounsel.com/id=1202743121227/YouTube-to-Offer-Posters-Legal-Support-to-Defend-Fair-Use-of-Videos#ixzz3sKldGyUT
Lawmakers are looking into the feasibility of establishing a tax incentive policy commonly known as the “patent box” or “innovation box,” which would subject companies to a much lower tax rate on income earned from intellectual property.
Plain packaging on tobacco products is headed to Canada. Newly elected Prime Minister Justin Trudeau has indicated that removing trademarks from tobacco products is a priority—part of his government’s healthcare agenda. Read more: http://www.corpcounsel.com/id=1202743416079/The-Marlboro-Man-to-Go-Into-Hiding-in-Canada-Country-to-Adopt-Generic-Cigarette-Packaging#ixzz3szNNqbSV
Calling Capital Records Inc.’s copyright win against defunct music storage service MP3tunes and its founder a "Pyrrhic victory," a federal judge in Manhattan ruled Friday that he'd grant the record company "only a fraction" of the $7 million it asked for in attorney fees. Read more: http://www.litigationdaily.com/id=1202722771426/Capitol-Records-Fights-to-Break-Even-in-MP3tunes-Case#ixzz3XIm9WvoC
The Canadian government responded to a $500 million lawsuit filed by Eli Lilly and Co. with a blistering attack on the intellectual property practices of the pharmaceutical company. Read more: http://www.corpcounsel.com/id=1202717774980/Canada-Lashes-Out-at-Eli-Lilly-Patent-Practices#ixzz3RZTpS0Cv
Google Inc. ranked among the top 10 recipients of U.S. Patents in 2013—the first time the Internet company has entered the upper tier, according to the Intellectual Property Owners Association (IPO), which compiles a list of the top 300 U.S. patent recipients [PDF] each year. Read more: http://www.corpcounsel.com/id=1202658956393/Google-Joins-List-of-Top-10-US-Patent-Recipients#ixzz34M5StsWI
The San Diego Chargers have applied for federal trademarks on the “Los Angeles Chargers” and “LA Chargers.” And the filings offer some clues about whether the move will happen, according to one trademark lawyer. Read more: http://www.corpcounsel.com/id=1202748055443/Are-the-Chargers-LABound-Trademarks-May-Offer-Clues#ixzz3yTZv8M00
The number of patent cases filed in the U.S. rose by 25 percent in 2013 to a record 6,500 cases, and the increase was largely driven by patent trolls, according to the latest edition of PricewaterhouseCoopers’ annual patent litigation study [PDF]. Read more: http://www.corpcounsel.com/id=1202663316686/Trolls-Driving-Record-Patent-Litigation-Filings#ixzz37ZOtvI8H
The products are virtually indistinguishable from one another, yet they retain more loyalty than Mac computers. And an expensive international legal battle is raging over them. Why? Because the products—cigarettes—are a recognized public health hazard, and governments around the world are trying to do whatever it takes to stop their citizens from lighting up. Read more: http://www.corpcounsel.com/id=1202669248576/Cigarettes-Unbranded#ixzz3Cl2m184K
Amid renewed debate over patent reform and questions about patent application backlogs and secretive patent approval programs, the U.S. Patent and Trademark Office is turning its attention to patent quality. Read more: http://www.corpcounsel.com/id=1202717617173/PTO-Initiative-Shifts-Focus-to-Patent-Quality#ixzz3RSW08qLP
After reaching record highs earlier in the year, patent case filings over the last few months have trailed off significantly, contradicting a commonly held perception that patent litigation is on the rise. Read more: http://www.corpcounsel.com/id=1202672763594/Fewer-Patent-Litigation-Filings-So-Far-in-2014#ixzz3FaRVhNTv
The United States is supposed to give up its oversight of the Internet's domain name system next year. But the planned move has made brand owners and members of Congress apprehensive, and it now it looks as if the change will be delayed. Read more: http://www.corpcounsel.com/id=1202679190832/Likely-Delay-for-US-Handover-of-ICANN-Web-Domain-Oversight#ixzz3M60DVohS
Kyle Bass, the hedge fund manager vilified by the pharmaceutical industry and much of the patent bar, just gave his detractors more reason to resent him. The U.S. Patent and Trademark Office has agreed within the last week to institute trials for six of the drug patents Bass has challenged. Read more: http://www.corpcounsel.com/id=1202741006292/Kyle-Bass-the-Man-Big-Pharma-Loves-to-Hate-Wins-a-Round#ixzz3r0julR4Z
Hoping to send out a strong and clear message that the U.S. intellectual property system can benefit all companies regardless of size, an organization created by seven U.S. industry giants to promote American innovation and the country’s IP infrastructure is broadening its membership by adding two small companies that rely heavily on patents. Read more: http://www.corpcounsel.com/id=1202672741530/Small-Businesses-Join-Patent-Reform-Advocacy-Group#ixzz3FZWdLwRB
Lawyers at Mayer Brown scored a victory in a patent fight between two of the world's biggest commercial helicopter distributors, persuading a judge to permanently enjoin Bell Helicopter Textron Inc. from selling choppers with a landing gear design that infringes a patent held by Airbus Helicopters. Read more: http://www.litigationdaily.com/id=1202716552645/Mayer-Brown-Wins-Injunction-in-Helicopter-IP-Row#ixzz3QKgRCvAO
The number of patent suits filed in district courts continued to rise in 2013 and has more than doubled in the past five years, according to the first-ever patent litigation year in review published by the legal analytics company Lex Machina. Read more: http://www.corpcounsel.com/id=1202654759148/Patent-Litigation-Study-Shows-Rise-in-Suits%2C-Awards#ixzz31c1gTvJk
When a California-based startup called CarShield was hit with a patent infringement lawsuit in January, its founders got mad. The complaint came with no prior notice, no warning and no demand letter. Read more: http://www.corpcounsel.com/id=1202670189127/Students-Vanquish-Trolls#ixzz3F60Tr2ih
Patent litigation in the U.S. declined in the third quarter of 2014, but the overall number of patent lawsuits filed to date puts 2014 on track to be the second most litigious for patent suits in history, according to a group that helps small- and medium-sized businesses fight frivolous patent suits. Read more: http://www.corpcounsel.com/id=1202675816208/Q3-Patent-Litigation-Less-of-It-But-Still-a-Lot#ixzz3IQPxnKix
The results of the 2014 midterm elections have put life back into patent reform legislation that stalled in the Senate in May. After the Republicans are in the majority come January, a patent reform bill designed to curb abusive patent litigation has a good chance of going to a vote, although its passage is not assured. Read more: http://www.corpcounsel.com/id=1202675729730/New-Life-for-Patent-Reform-in-a-New-Congress#ixzz3IQSIgpiJ
The ghost of Michael Jackson performed live over the weekend in Las Vegas. And Alki David, the Hollywood heir to a Greek shipping and bottling fortune, isn't happy about it. Read more: http://www.litigationdaily.com/id=1202655998886/Alki-David-Battles-Michael-Jackson-Estate-over-Hologram-IP-#ixzz32Gkhq8lv
The United States has 94 federal judicial districts, but in 2015, almost half of all new patent cases were filed in just one—the Eastern District of Texas. More than 670 district court judges preside over the nation’s courts, but nearly one-third of all patent cases filed in 2015 were assigned to a single judge – the Honorable Rodney Gilstrap, in, yes, the Eastern District of Texas. Read more:...
Lawyers are under pressure to control costs, which means doing more with less and working quickly. Keeping that in mind, legal analytics company Lex Machina is today launching three new applications designed to give intellectual property attorneys instant access to strategic patent, copyright and trademark litigation information. Read more: http://www.corpcounsel.com/id=1202740201125/IP-Automator-Releases-3-New-Apps-Designed-for-Speed#ixzz3ptzslkLc
In a decision that upsets the status quo for the music and copyright worlds, a federal judge in New York ruled Friday that the owners of pre-1972 sound recordings have performance rights to their songs, and that Sirius XM therefore infringed copyrights held by the two founding members of the 1960s rock band The Turtles. Read more: http://www.litigationdaily.com/id=1202676699909/Sirius-XM-Suffers-Another-Loss-in-Turtles-Copyright-Crusade#ixzz3JRKaSYZs
Congress is unlikely to take on patent reform legislation this year, but patent litigation is about to experience a major change anyway. On Dec. 1, a rewrite of the Federal Rules of Civil Procedure will take effect, significantly altering the pleading standard for patent infringement cases and creating a new approach to discovery. Read more: http://www.corpcounsel.com/id=1202740882763/Trolls-Begone-for-Now-Patent-Pleading-Rules-Get-Tougher#ixzz3poJYA0Fq
In the unpredictable world of patents, 2015 may be remembered as the year Kyle Bass shook up the pharmaceutical industry. The well-known hedge fund manager entered the patent arena in January when he announced he would be taking on some of the world's biggest drugmakers by challenging the validity of their patents at the U.S. Patent and Trademark Office. Read more: http://www.corpcounsel.com/id=1202745790451/Challenging-Patents#ixzz3xzRp5bHv
China’s trademark filings grew at a staggering rate in 2014, while the overall pace of new trademark activity in both established and developing economies slowed across the rest of the world, according to a newly released report. Read more: http://www.corpcounsel.com/id=1202747910231/Report-China-Saw-a-Surge-of-Trademark-Filings#ixzz3yOhmrMV4
Patent litigation soared in 2015, and nearly 44 percent of the year’s new lawsuits were filed in the Eastern District of Texas, legal analytics company Lex Machina reported Thursday. Read more: http://www.corpcounsel.com/id=1202746460787/Eastern-Texas-Had-an-Astounding-Number-of-Patent-Cases-in-2015#ixzz3wZskP4gF
The Court of Appeals for the Federal Circuit has agreed to hear oral arguments in a case that could result in a major shift in the geographic distribution of patent cases and which could make it more difficult to sue for infringement in the plaintiff-friendly Eastern District of Texas. Read more: http://www.corpcounsel.com/id=1202747383233/Federal-Circuit-Agrees-to-Hear-Major-Case-on-Patent-Venue#ixzz3xoFkGMqg
In the ongoing fight between Sirius XM Radio and the 1960s rock band The Turtles, a federal judge in Manhattan ruled Tuesday that she’ll allow Sirius to ask the U.S. Court of Appeals for the Second Circuit to immediately review her ruling that holders of common law copyrights to pre-1972 songs have exclusive public performance rights to their recordings under state law. Read more:...
Goodwin Procter has published a legal guide to biosmilar drugs—a timely move, coming a week after the U.S. Food and Drug Administration indicated it is close to approving a biosimilar drug for the U.S. market for the first time. Read more: http://www.corpcounsel.com/id=1202715393127/Pharma-Counsel-Prepping-for-Biosimilar-Drug-Approvals#ixzz3P0kJCNMI
The U.S. Supreme Court declined Monday to consider whether a judge should have recused himself in Kolon Industries Inc. long-running legal battle with E. I. du Pont de Nemours & Co., leaving Kolon to face DuPont's trade secrets claims with a series of unfavorable lower court rulings intact. Read more: http://www.litigationdaily.com/id=1202675422616/No-Supreme-Court-Relief-for-Kolon-in-DuPont-Secrets-Case#ixzz3I7WdzXyG
Unified Patents, which was founded three years ago to provide companies with a systematic way to deter nonpracticing entities from asserting weak patents, is adding technologies used in the automotive industry to its existing areas of focus. Read more: http://www.corpcounsel.com/id=1202729581837/Patent-Quality-Group-Adds-Focus-on-Automotive-Sector#ixzz3dG2wz84u
A company’s brands are among its most important assets. But a new survey shows that corporate executives and legal departments charged with protecting those assets consider their brands to be most vulnerable in China, India and Russia. Read more: http://www.corpcounsel.com/id=1202676111448/Are-Your-Brands-Safe-in-China-India-and-Russia#ixzz3IoB606A7
Last year, we wrote about how the facts simply doesn’t support former judge Randall Rader’s famous claim that the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board is a patent “death squad, killing property rights.” Now, a year later, another report debunks that perception of PTAB even further. Read more: http://www.corpcounsel.com/id=1202747677749/Report-Debunks-Claim-That-PTAB-Kills-Off-Patents#ixzz3xzMnD03Y
The Motion Picture Association of America is bringing aboard an experienced intellectual property lawyer to lead its war on piracy. Dean Marks, currently senior vice present of intellectual property at Warner Bros Entertainment, will be joining the movie studios’ lobbying group in early January as executive vice president, deputy general counsel and chief of global content protection, MPAA said. The announcement comes at a time when Hollywood studios are fighting a bruising battle against...
Amid claims that its client was unfairly bullied by protectionist Chinese courts, a team from Covington & Burling has won a key victory at the U.S. International Trade Commission in an intercontinental patent feud involving mobile device technology. Read more: http://www.litigationdaily.com/id=1202673889968/Knowles-Evens-Score-in-IP-Fight-With-Chinese-Rival#ixzz3Gj9MLyqz
Data from the U.S. Patent and Trademark Office shows that patent applications steered into a secretive program are rejected twice as often as all patent applications, and those eventually issued take years longer to win approval than the overall pool of patent applications. Read more: http://www.corpcounsel.com/id=1202716358836/Data-Shows-Impact-of-PTOs-Secretive-Patent-Program#ixzz3QEPkpJ5H
Lee Cheng's Newegg, which has forged a reputation as a tough target, saw new patent filings drop off 75 percent in the past three years, even as overall patent litigation holds steady.
In-house counsel might not have taken notice earlier this week when Lisa Jorgenson began serving as the new executive director of the American Intellectual Property Law Association. But they will soon. Read more: http://www.corpcounsel.com/id=1202676883725/Inhouse-IP-Lawyer-Starts-Top-Job-at-AIPLA#ixzz3Jk5dGalW
The accused patent troll Lumen View Technology would probably love to forget the patent infringement lawsuit it brought against search engine company FindTheBest.com last year. But after beating the patent case, winning back its defense fees and suing Lumen View for alleged RICO violations, FindTheBest isn't going to let the plaintiff walk away that easily. Read more: http://www.litigationdaily.com/id=1202670983697/After-Losing-Patent-Case-RICO-Claims-Still-Dog-Lumen-View#ixzz3E9KTPK1K
The patent holding company MPHJ Technology Investments LLC has been on the defensive since last year, accused by state and federal officials of running an illegal intellectual property shakedown. Now the much-maligned company is looking for a break from an appeals court in Washington, D.C., arguing that its rights—not to mention the U.S. patent system—are under assault by Vermont's attorney general and a federal judge in Burlington. Read more:...
Canada's Trade-marks Act is about to undergo a major transfor mation, and the nation's trademark lawyers are furious. Yes, even Canadians, noted for being unusually nice and polite, can be pushed too far. And this time it's their own government doing the pushing. Read more: http://www.corpcounsel.com/id=1202664841853/Canadas-Trademark-Revolt#ixzz38nGpqdpB
The XXXI Olympiad, commonly referred to as the 2016 Summer Olympics, is still one year away, with the opening ceremonies scheduled to take place in Rio de Janeiro on Aug. 5, 2016. But the event's official sponsors are already making grand plans—and brand owners who are not official sponsors had better watch out. Read more: http://www.corpcounsel.com/id=1202733527022/Brands-Face-Legal-Hurdles-Ahead-of-2016-Summer-Olympics#ixzz3hmPmgzaf
Over the course of more than four years, the U.S. Patent and Trademark Office knowingly wasted and misused more than $5 million in taxpayer dollars by paying salaries to paralegals who had so little work to do, they used the time to watch television, do laundry, surf the Internet, go on Facebook, shop online and exercise, an investigation by the Office of the Inspector General of the U.S. Department of Commerce has revealed. Read more:...
The public interest group Consumer Watchdog doesn’t have standing to challenge the U.S. Patent and Trademark Office’s decision to uphold a patent on human embryonic stem cells, according to a ruling Wednesday by the U.S. Court of Appeals for the Federal Circuit. Read more: http://www.law.com/sites/articles/2014/06/04/public-interest-group-cant-appeal-patent-ruling/#ixzz33m5jRoWV
Hedge fund manager Kyle Bass’ has answered charges he is challenging pharmaceutical and biotech patents solely to make a profit with a big “so what.” Read more: http://www.corpcounsel.com/id=1202734766866/Bass-on-Pharma-Patent-Review-Challenge-So-What#ixzz3lLYLFtVl
The Patent Trial and Appeal Board (PTAB) has granted the pharmaceutical company Celgene Corp. permission to file a motion for sanctions for abuse of process against an organization created by hedge fund manager Kyle Bass—a move that, if successful, could halt similar patent challenges that pharma companies allege were made so Bass could short-sell the stock. Read more: http://www.corpcounsel.com/id=1202730002109/PTAB-Allows-Challenge-to-Investors-Patent-Strategy#ixzz3dXx2PaQK
In a ruling that could handicap trademark applicants fighting to salvage their brands, a federal appeals panel has concluded that the government can recover legal fees from applicants that look to district courts to challenge adverse rulings by the U.S. Patent and Trademark Office.
A Minnesota-based company can't thwart a rival’s patent lawsuit even though the alleged infringing technology was installed on ships on the high seas, a judge in Minneapolis ruled Friday. While noting it was "not a clear cut or easy decision," U.S. District Judge Ann Montgomery concluded that the Patent Act applies on U.S.-flagged ships in international waters, giving U.K.-based M-I Drilling Fluids UK Ltd. a chance to press its infringement claims. Read more:...
Judge Randall Rader, former chief judge of the Court of Appeals for the Federal Circuit once warned that the judges sitting on the Patent Trial and Appeal Board were acting as “death squads, killing property rights.” Now, a new study by the law firm Fitzpatrick, Cella, Harper & Scinto shows this has not been the case. Read more: http://www.corpcounsel.com/id=1202722318307/Study-PTAB-Is-Not-a-Property-Rights-Death-Squad#ixzz3W60dwG2R
The decision by a federal district judge in Virginia to uphold the cancellation of the Washington Redskins’ trademark does not mean the football franchise must stop selling T-shirts, caps, banners and other merchandise bearing the team name. Read more: http://www.corpcounsel.com/id=1202731613972/DC-Football-Trademark-Ruling-Wont-Affect-Merchandising#ixzz3fQtlclRs
Members of Congress are holding hostage a planned transfer of Internet domain oversight as it pressures the Internet Corporation for Assigned Names and Numbers (ICANN) to reverse its previous decision denying Amazon.com Inc. permission to use the .amazon top-level domain. Read more: http://www.corpcounsel.com/id=1202731362110/Amazon-Domain-Sparks-Feud-Between-Congress-and-ICANN#ixzz3f8Tc5s1I
The Electronic Frontier Foundation, which created its “Stupid Patent of the Month” campaign to highlight flaws in the U.S. patent system, has been sued by a patent attorney and inventor who alleges he was defamed when the organization named one of his patents April’s “Stupid Patent of the Month.” Read more: http://www.corpcounsel.com/id=1202728266210/Lawyer-Sues-EFF-for-Calling-His-Patent-Stupid#ixzz3c1mUeDIt
The nonprofit ALS Association recently filed two trademark applications for “Ice Bucket Challenge” and "ALS Ice Bucket Challenge.” By Friday—one week after submitting the documents—the group had withdrawn the applications. Read more: http://www.corpcounsel.com/id=1202668652233/Throwing-Cold-Water-on-the-Ice-Bucket-Challenge#ixzz3CBJaWT00
Taylor Swift has made a mark on the world with her music, but she’s also making waves with her trademarks. The pop megastar has been on a trademarking tear, most recently applying for protection for the words and phrases “1989,” “Blank Space,” “And I’ll Write Your Name,” “A Girl Named Girl” and “Swiftmas.” Read more: http://www.corpcounsel.com/id=1202745357711/Taylor-Swift-to-1989-You-Belong-With-Me-as-a-Trademark#ixzz3uyR8mBg7
When the America Invents Act was enacted three years ago, no one knew just how significant it actually would turn out to be.
Sirius XM's $210 million settlement with major record labels improperly sidelined copyright claims by the rock band the Turtles, ignored the class that the band's founders represent, and neglected to include attorney fees for class counsel, the band's attorneys said in a court filing on Wednesday. Read more: http://www.litigationdaily.com/id=1202731785630/Sirius-XM-Accused-of-Stiffing-Class-in-210M-Copyright-Deal#ixzz3fV1Ve7vS
The U.S. Patent and Trademark Office has been without a director for 16 months, and a senior lawmaker is pressuring President Barack Obama to fill the vacancy. Read more: http://www.corpcounsel.com/id=1202657852391/It%27s-Time-for-a-PTO-Director%2C-Hatch-Tells-Obama#ixzz33cGjvPOy
Die-hard advocates of strong intellectual property rights aren’t going to be happy. One of the recipients of the 2015 MacArthur Fellowship, known as the “genius award,” is best known for a study that concludes that intellectual property rights on existing technologies hinder innovation. Read more: http://www.corpcounsel.com/id=1202738493525/MacArthur-Genius-Award-Winner-Says-Patent-System-Stifles-Innovation#ixzz3nA6Lww57
Sports fans look at their favorite professional teams and see athletes. Hackers look at sports teams and see data. So, when news broke in June that the Justice Department is investigating front-office personnel for the St. Louis Cardinals for allegedly hacking into an internal network of the Houston Astros, attorneys who deal with trade secret theft were hardly surprised. Read more: http://www.corpcounsel.com/id=1202734657320/Baseball-Hacking-Scandal-Its-Just-Business-as-Usual#ixzz3iiu101rX
Until recently, it wasn't unusual to hear company executives and lawyers rail against China as a country of copy-cats and counterfeiters. Their China policies focused almost exclusively on how to stop the countless number of fake goods and knockoffs that infringed their trademarks and copyrights. And they wondered out loud, repeatedly, whether China would ever develop its own culture of innovation and a respect for IP. Read more:...
Less than three weeks after halting drug makers Mylan Inc. and Par Sterile Products from selling generic versions of Hospira Inc.'s blockbuster sedative Precedex, a judge in Baltimore performed an unexpected about-face on Friday that allows the generics to resume sales. Read more: http://www.litigationdaily.com/id=1202669354627/Venable-Appeals-Win-for-Generics-in-Hospira-Sedative-Fight#ixzz3Cpaqif5r
In-house counsel are increasingly turning to smaller law firms when they need outside counsel to handle litigation related to intellectual property. A new study from the legal analytics company Lex Machina shows there has been a decline in the amount of IP defense work handled by Am Law 100 firms in recent years. Non-Am Law firms, meanwhile, have seen a corresponding increase in the percentage of cases they handle, the study found. Read more:...
Microsoft Corp. has a new top intellectual property lawyer. Erich Andersen, who most recently led Microsoft legal department’s business development team and previously served as the company’s general counsel in Europe and as vice president and deputy general counsel of its Windows Business, is the new head of the IP group. Read more: http://www.corpcounsel.com/id=1202661779738/Microsoft-Names-New-Top-IP-Attorney#ixzz36LkpgVwe
Drug companies react to investor-led efforts to invalidate their patents, saying they are just aiming to gain from drops in the value of company shares. Read more: http://www.corpcounsel.com/#ixzz3acgygue0 Read more: http://www.corpcounsel.com/id=1202726911929/Big-Pharma-Lets-Shift-Patent-Debate-Away-From-Trolls#ixzz3acfYuuyv
It's been more than two years since the U.S. Patent and Trademark Office's Patent Trial and Appeal Board began invalidating patents under the America Invents Act. This week the patent bar is watching closely as the U.S. Court of Appeals for the Federal Circuit hears the first appeal of a PTAB decision related to covered business method patents—a patent that claims a method used in a financial product or service. Read more:...
The International Trade Commission has seen a flurry of new complaint filings in the past few months. Read more: http://www.corpcounsel.com/id=1202744360848/ITC-Saw-a-Burst-of-Filings-This-Autumn#ixzz3tqHxwz99
It’s not easy being green—especially for oil giant BP plc. The company has tried for more than 22 years to obtain a trademark in Australia for the green color that dominates its logo. But according to the U.K. newspaper The Guardian, IP Australia, the Australian government agency that administers intellectual property rights, ruled last week that the company failed to show “convincing evidence” that it is indelibly linked in the mind of the average gasoline consumer with the dark shade of...
Companies in 2014 spent more than $12.2 billion on legal costs associated with nonpracticing entity (NPE) litigation—only slightly less than the $12.5 billion spent in 2013, according to RPX Corp.’s third annual “NPE Cost Report.” Read more: http://www.corpcounsel.com/id=1202725643527/NPE-Litigation-Cost-Companies-36122B-in-2014#ixzz3ZO8Eu81s
While the patent world has been getting the lion’s share of IP attention in recent years, trademark attorneys also have been busy, filing more than 24,000 trademark cases since 2009—cases that have resulted in awards of more than $9 billion in cumulative damages, according to a new study by the legal analytics firm Lex Machina. Read more: http://www.corpcounsel.com/id=1202725526110/Trademark-Litigation-Report-Finds-369B-in-Damages#ixzz3ZHw0Y6NI
The Office of the U.S. Trade Representative has kept China and India on the U.S. priority watch list of countries that it says do not adequately protect patents, copyrights and other intellectual property rights, while Canada remains on the agency’s lower-level watch list. Read more: http://www.corpcounsel.com/id=1202725058352/US-Trade-Office-Calls-Out-37-Countries-for-IP-Practices#ixzz3YotnTKnI
O'Melveny & Myers scored a speedy appellate victory on Monday in a battle between past and present television titans, persuading a panel to reject patent infringement claims by Japan's Hitachi Consumer Electronics Co. against fast-growing Chinese TV manufacturer TPV Technology Ltd. Read more: http://www.litigationdaily.com/id=1202670147299/OMelveny-Fends-Off-Hitachi-TV-Patent-Claims-for-TPV#ixzz3DaVowZLJ
Have some patents lying around? Google might want to buy them. In a blog post, the company announced Monday it has established the Patent Purchase Promotion, an experimental program in which patent owners can apply to sell their patents to Google Inc. Read more: http://www.corpcounsel.com/id=1202724792712/Google-Wants-to-Outfox-Trolls-by-Buying-Up-Patents#ixzz3YjpHKL9o
Judge Leonard Davis, the former chief judge of the U.S. District Court for the Eastern District of Texas, will step down from the bench in May and join the intellectual property law firm Fish & Richardson. Read more: http://www.corpcounsel.com/id=1202722018389/Texas-Judge-Known-for-Patent-Expertise-Joining-IP-Firm#ixzz3VtIwNaWt
The registry that owns the controversial domain name “.sucks” has put the Internet Corporation for Assigned Names and Numbers (ICANN) on notice that its criticisms and actions against the company could lead to legal action. Read more: http://www.corpcounsel.com/id=1202726460778/Battle-Over-SUCKS-Domain-Gets-Testy#ixzz3a98hFmnM
A federal judge in Manhattan has dismissed a $40 million lawsuit against a foundation created by the prolific New York City artist Keith Haring, tossing claims that the foundation destroyed the value of more than 100 purported Haring works by publicly calling them fakes. Read more: http://www.litigationdaily.com/id=1202720082558/Proskauer-Scores-in-Fight-Over-Alleged-Keith-Haring-Fakes#ixzz3TzomxuvC
While Congressional committees continue to weigh the pros and cons of the various patent reform bills headed for a vote this year, state attorneys general are urging Washington, D.C., lawmakers to make sure the state consumer protection laws they’ve passed to combat abuses by so-called patent trolls are not preempted. Read more: http://www.corpcounsel.com/id=1202723701021/AGs-Worried-Patent-Reform-May-Trump-AntiTroll-Laws#ixzz3XV5Qb7M9
U.S. hedge fund manager Kyle Bass, best known for predicting the subprime mortgage crisis in 2008, said Wednesday he plans to take on some of the world’s biggest drug makers by challenging the validity of their patents at the U.S. Patent and Trademark Office. Read more: http://www.corpcounsel.com/id=1202714280837/An-Attack-on-Pharma-Patents-as-Investment-Strategy#ixzz3OBAyHq16
The share of patents going to women has risen over time, but is still less than 15 percent of the total, according to a study by several economists published in a working paper called “The Lifecycle of Inventors.” At the current rate of convergence, it will take another 140 years for women to obtain 50 percent of granted patents, the study found. Read more: http://www.corpcounsel.com/id=1202742976084/Reflect-on-This-Only-15-Percent-of-Patents-Go-to-Women#ixzz3s45FxWWB
It's been almost 20 years since John Perry Barlow, the essayist, Grateful Dead lyricist and Electronic Frontier Foundation founder, declared that governments have no sovereignty in cyberspace. "Your legal concepts of property, expression, identity, movement and context do not apply to us," he wrote in his "Declaration of Independence of Cyberspace," which went viral when published in 1996. "They are all based on matter, and there is no matter here." Read more:...
The U.S. Patent and Trademark Office has eliminated a controversial and secretive program that arbitrarily singled out and delayed the issuance of certain patents. Read more: http://www.corpcounsel.com/id=1202719865370/PTO-Cuts-Secretive-SAWS-Patent-Program#ixzz3TtqglGkN
Doug Luftman, who as chief intellectual property counsel and vice president of innovation services for NetApp Inc. aggressively fought lawsuits filed by nonpracticing entities and became a strong proponent of technology to manage IP strategy, has been named general counsel and chief innovation officer at the IP management and analytics company Lecorpio. Read more: http://www.corpcounsel.com/id=1202739115946/NetApps-IP-Counsel-Takes-His-Skills-to-an-IP-Software-Maker#ixzz3ntqYrbG3
Last week Kyle Bass and Erich Spangenberg, who have upset the pharmaceutical industry by filing more then 30 challenges to issued pharmaceutical patents at the U.S. Patent and Trademark Office, filed two more petitions to invalidate patents owned by two separate pharmaceutical companies. Only this time, the petitions were filed by Bass and Spangenberg as individuals—not by the Coalition for Affordable Drugs they created earlier this year to challenge pharma patents. Why the change? Read...
Kyle Bass, the hedge fund manager who has challenged more than two dozen pharmaceutical patents at the U.S. Patent and Trademark Office, will finally see one of those challenges go to trial. On Wednesday, the Patent Trial and Appeal Board instituted an inter partes review that Bass’s Coalition for Affordable Drugs filed against a drug patent owned by Cosmos Technologies. Read more:...
The U.S. Department of Justice looks for evidence that a company’s compliance department operates independently and with autonomy when conducting an investigation. But it does not prescribe that a company’s compliance functions be separate from its in-house legal department, a senior DOJ official said Wednesday at the Association of Corporate Counsel’s annual meeting in New Orleans. Read more:...
A nonprofit advocacy group has asked the U.S. Supreme Court to overturn a decision by the Court of Appeals for the Federal Circuit that barred the group from challenging the validity of a controversial embryonic stem cell patent. Read more: http://www.corpcounsel.com/id=1202675239169/Will-Supreme-Court-Step-in-on-Stem-Cell-Patents#ixzz3Hl5N3NAs
It wasn't for lack of trying, but nine years after first filing a patent infringement suit against Honda Motor Co., attorneys at Baker Botts have once again failed to shake a ruling that their client duped the U.S. Patent and Trademark Office in order to obtain its patents. Read more: http://www.litigationdaily.com/id=1202671618373/Honda-Wins-Ruling-That-Patent-Plaintiff-Deceived-the-PTO#ixzz3Eihd6F13
In an article published by the Burlington Free Press, Sen. Patrick Leahy (D-Vt.) blamed Senate majority leader Harry Reid (D-Nev.) for forcing him to drop a popular patent reform bill designed to halt the abusive activities carried out by patent trolls. Read more: http://www.corpcounsel.com/id=1202662452597/Leahy-Blames-Reid-for-Spiking-Patent-Reform-Bill#ixzz36zKBlFb7
FindTheBest.com CEO Kevin O'Connor lost a battle last month when a judge tossed his racketeering claims against Lumen View Technology, an accused patent troll. But O'Connor has still managed to win his self-described "war" against Lumen View, especially now that the company is on the hook for FindTheBest's legal bills. Read more: http://www.litigationdaily.com/id=1202657657356/Citing-%3Cem%3EOctane%3C%2Fem%3E-Judge-Rules-Accused-Troll-Must-Pay-Defense-Fees#ixzz33W5y6ANe
The cannabis industry is seeking IP protection, but the law is unclear. Read more: http://www.corpcounsel.com/id=1202722064373/Roll-Another-Pot-Patent-40For-the-Road41#ixzz3W4vwu3yC
Dealing a blow to a non-profit that hoped to invalidate a controversial embryonic stem cell patent, the U.S. Supreme Court on Monday declined to wade into a fight over the rights of third parties to challenge decisions by the U.S. Patent and Trademark Office. Read more: http://www.litigationdaily.com/id=1202718721749/High-Court-Rejects-Embryonic-Stem-Cell-Patent-Appeal#ixzz3Sg9JaKgz
Despite changes in patent law expected to curb the filing of lawsuits by nonpracticing entities, NPE litigation increased significantly in 2015. Read more: http://www.corpcounsel.com/id=1202746296282/Despite-Reforms-Patent-Cases-Filed-by-NPEs-Rose-in-2015#ixzz3wUSDNC1o
There's nothing amusing about the courtroom battle that's been brewing over the 105-year-old arcade game Skee-Ball. Read more: http://www.corpcounsel.com/#ixzz31A56rNAF
Uniloc USA Inc., an accused patent troll best known for winning a nearly $400 million verdict against Microsoft Corp. in 2009, is looking for more returns from its most prized IP asset
So much for the hallowed halls of academia. Colleges and universities have been amassing a trove of registered trademarks in recent years—and not just for the traditional marks that represent their names and athletic team insignias. Read more: http://www.corpcounsel.com/id=1202650403388/Higher-Ed%27s-Trademark-Track#ixzz2zRhX5ke9
Congress is unlikely to take on patent reform legislation this year, but patent litigation is about to experience a major change anyway. On Dec. 1, a rewrite of the Federal Rules of Civil Procedure will take effect, significantly altering the pleading standard for patent infringement cases and creating a new approach to discovery.
Amid criticism that the U.S. Patent and Trademark Office has gone too far with proposed rules governing transparency in patent ownership, PTO deputy director Michelle Lee focused on the importance of transparency in IP during her keynote speech last week at a major intellectual property conference in New York City. Read more: http://www.corpcounsel.com/id=1202653150698/PTO%27s-Lee-Faces-Criticism-on-Proposed-Patent-Rules#ixzz30IzWFaLI
A 22-page legal opinion issued late last month by the Trademark Trial and Appeal Board included a commonly used four-letter swear word beginning with the letter F—the one we tell our kids to refrain from using—as many as 86 times. Read more: http://www.corpcounsel.com/id=1202739728336/Trademark-Appeals-Board-Opinion-Has-People-Asking-What-the-FK#ixzz3oebM6oUU
In an important decision in the fight against patent trolls, a U.S. district court judge ruled that the state of Vermont can pursue a lawsuit against a well-known patent troll in state court—a major victory for Vermont attorney general William Sorrell, who has spearheaded an effort to use state law to crack down on patent trolls. Read more: http://www.corpcounsel.com/id=1202653720920/Vermont-Opens-a-New-Front-in-the-Patent-Troll-Wars#ixzz30ajc8ps6
It’s become a sort of new normal. Politician uses pop song at a campaign rally or event. Artist and songwriter object and send a cease and desist letter to politician’s campaign. Negative publicity ensues. Usually, politician backs off and stops using song. Read more: http://www.corpcounsel.com/id=1202740083464/Trump-Other-Politicians-Hit-Sour-Notes-With-Musicians-Over-Song-Use#ixzz3pu1Jvmrc
In an early test of state laws that attempt to curb patent trolls, a Vermont federal judge has allowed a challenge to proceed against Vermont's Bad Faith Assertions of Patent Infringement Act, even though the state has not sued the plaintiff under that law. The challenge is being closely watched, as 23 other states have followed Vermont’s lead and passed similar laws that attempt to restrain patent trolls. Read more:...
The rise of "in-app purchases" has been a major boon for online game developers, letting them profit from impulse buys by customers who might otherwise keep their credit cards tucked away. But that success also sparked a patent challenge by a shell company called GameTek LLC, which claimed that some of the biggest game makers around should be held liable for infringing its technology. Read more:...
The U.S. Patent and Trademark Office has finally become a government agency that can operate outside the Washington, D.C., Beltway. And some say John Posthumus is the reason why. Read more: http://www.corpcounsel.com/id=1202662626808/The-PTO-Goes-to-Denver-Thanks-to-John-Posthumus#ixzz375E8T4rL
The U.S. government has resisted calls from Big Pharma and other U.S. business sectors to take a tougher stance against India and Canada for their alleged failures to meet the U.S. standard for protection and enforcement of intellectual property. Read more: http://www.corpcounsel.com/id=1202653543085/Measured-Approach-to-India-and-Canada-in-IP-Watch-List#ixzz30V70gQjt
A notorious non-practicing entity that sent thousands of demand letters to Vermont businesses over a “scan-to-email” patent will have to fight its legal battle in Vermont state court, the Court of Appeals for the Federal Circuit ruled Monday. Read more: http://www.corpcounsel.com/id=1202738623509/Patent-Troll-Loses-Battle-to-Move-Vermont-Lawsuit-to-Federal-Court#ixzz3nGHjvOgJ
Did Baker Botts betray one of its clients by sharing its secrets with a rival and hiding its duplicity? Or is the law firm a victim of attempts by an unsuccessful company to blame its failings on others? Read more: http://www.litigationdaily.com/id=1202650403853/Trial-Looms-in-Former-IP-Client%27s-Case-Against-Baker-Botts#ixzz2yVhAGPii
The two U.S. Supreme Court decisions issued Tuesday that will give district courts more leeway in awarding attorney fees to prevailing parties in patent suits are being used as ammunition by opponents of a patent reform bill slated to be debated this week in the Senate, but others are urging legislators to pass a reform bill nonetheless. Read more: http://www.corpcounsel.com/id=1202653390835/Supreme-Court-Patent-Rulings-Shift-Reform-Debate#ixzz30PAn7l5m
Anyone paying even a little attention to intellectual property law has by now heard of inter partes review—the patent challenges at the U.S. Patent and Trademark Office created under the America Invents Act. These procedures have become increasingly popular since they were first made available in September 2012. Nearly 3,500 IPR petitions have been filed so far, and as of Aug. 31, more than 1,600 had been filed in fiscal 2015 alone. Read more:...
The opening of the much-touted Silicon Valley office of the U.S. Patent and Trademark Office has been delayed by several months, with the new opening date expected sometime in the spring of 2015. Read more: http://www.corpcounsel.com/id=1202650567313/Another-Delay-for-PTO-Silicon-Valley-Office#ixzz2yVrzOBw7
It seems that companies have become more determined than ever to protect their intellectual property. But when the Fortune 500 feel compelled to pursue litigation—whether it be in district court, at the International Trade Commission or at the U.S. Patent and Trademark Office's Patent Trial and Appeal Board—they don't turn solely to large, established firms to do battle on their behalf. Read more: http://www.corpcounsel.com/id=1202737903224/Who-Reps-Minding-the-Store#ixzz3mgz4j4YO
In a patent case for the digital age, the International Trade Commission issued a ruling Thursday that establishes infringing products brought into the United States through electronic transmission are deemed “articles” even though they don’t have physical form, and therefore can be banned by the agency. Read more: http://www.corpcounsel.com/id=1202649832699/ITC-Rules-Transmitted-Data-Can-Be-an-IP-%27Article%27#ixzz2xx1ctPiP
Unified Patents, the San Jose-based provider of consulting services to help businesses deter lawsuits filed by nonpracticing entities (NPEs), has launched two new programs designed to help start-ups avoid the threat of frivolous litigation. Read more: http://www.corpcounsel.com/id=1202739499908/AntiTroll-Consultants-Launch-Programs-to-Help-Startups-Avoid-Litigation#ixzz3oNizShwc
The intricacies of intellectual property litigation present many challenges, and even experienced attorneys sometimes fail to navigate them well. But McDermott Will & Emery partner David Dolkas has written a book intended to serve as a practical, accessible guide for dealing with complicated cases: “Managing Complex IP Litigation” (LexisNexis, 2014). Read more: http://www.corpcounsel.com/id=1202649768771/Complex-IP-Litigation-Gets-an-Instruction-Manual#ixzz2xx125Oi4
The official text of the controversial Trans-Pacific Partnership treaty was released Thursday, and the intellectual property provisions, previously revealed through Wikileaks, are going to make a lot of people unhappy both in the United States and overseas. Read more: http://www.corpcounsel.com/id=1202741770795/The-TPP-Treaty-Text-Is-Released-and-Critics-See-a-Lot-to-Dislike#ixzz3r0gu0iYa
State attorneys general decided to take patent troll threats into their own hands, circumventing federal jurisdiction by calling it an issue of deceptive practices. Read more: http://www.americanlawyer.com/id=1202665981543/State-AGs-Go-After-Patent-Trolls-on-Their-Own-Is-it-Working&back=CC#ixzz39dyB46GZ
State attorneys general decided to take patent troll threats into their own hands, circumventing federal jurisdiction by calling it an issue of deceptive practices
The U.S. Supreme Court clarified a murky area of the law—and dished out bad news for copyright holders—when it ruled last year that U.S. copyright owners can't block U.S. resales of "gray market" products that are manufactured and first sold abroad. Some importers would like to see the same logic extended to products protected by U.S. patents, but so far the courts haven't been willing to oblige. Read more:...
General counsel from five major companies said Friday they broadly support patent reform proposals currently before Congress and expect a patent reform bill to pass. But they expressed doubts and concerns about efforts to reform U.S. copyright law. Read more: http://www.corpcounsel.com/id=1202652704596/The-GC%27s-POV-on-IP#ixzz2zvx5Ad9U
Yoga has long been known as a calming and spiritual practice—one that brings peace and well-being to the body, mind and spirit. Intellectual property, as most who have tangled with it know, is anything but peaceful. So what happens to the tranquil world of yoga when IP enters the picture? Let’s just say it doesn’t create an atmosphere conducive to meditation. Read more: http://www.corpcounsel.com/id=1202738108571/IP-Battles-Disturb-the-Meditative-Calm-of-Yoga-Rivals#ixzz3mgx7QzLh
The U.S. Patent and Trademark Office has appointed a new general counsel: Sarah Harris, AOL Inc.’s deputy general counsel for intellectual property. She is the second person from the high-tech and software industry to fill a leadership spot at the agency.
The theft of trade secrets costs between 1 and 3 percent of the gross domestic product of the United States and other advanced industrial economies, according to a new report.
The Obama administration has apparently decided Ukraine has enough on its plate dealing with Russia and won't have to also cope with intellectual property trade sanctions imposed by the United States.
Amid a backlash against so-called patent trolls, plaintiffs in patent cases are facing a multi-pronged movement to tighten the pleading requirements that govern their infringement claims. Some of these efforts are centered in Congress, which is considering multiple patent reform bills. But others are coming from the judicial branch—a point clearly illustrated last week in a ruling by a federal judge in Virginia. Read more:...
A major power outage at the U.S. Patent and Trademark Office has prompted the agency to shut down many of its online and IT systems, making it difficult to complete applications via the PTO’s electronic filing systems before the Christmas holiday. Read more: http://www.corpcounsel.com/id=1202745751069/PTO-Blackout-Thwarts-Patent-and-Trademark-Filings#ixzz3vGxtNcoL
Since the day Elisa Garcia walked in the door as Office Depot's general counsel in 2007, she's had to be at the top of her game. On her second day on the job, the U.S. Securities and Exchange Commission began a major investigation of the company. The following year, the office supply company started discussing a potential merger with rival OfficeMax, but the deal fell through. That was also the year the financial meltdown hit. In 2010, one week after Office Depot's then-chief executive...
The U.S. Patent and Trademark Office is finally establishing a permanent home for a Silicon Valley satellite office, and the region's patent attorneys are elated. "It's a big deal," says Doug Luftman, vice president of innovation services and chief intellectual property counsel for the storage and data management company NetApp Inc. Read more: http://www.corpcounsel.com/id=1202644264465/PTO-Makes-a-Home-Where-the-Patents-Are#ixzz2vK36aF6M
The U.S. Supreme Court on Friday granted the solicitor general of the United States permission to participate in oral arguments next week in Alice Corp. Ltd. v. CLS Bank International, giving the government a voice in one of the most closely watched patent cases of the year.
In a classic case of intellectual property law trying to keep up with technology, the U.S. International Trade Commission is expected to decide this week whether it has jurisdiction over infringing products that are in digital rather than physical form. Attorneys say it’s not surprising that this question would arise in the digital age, and it was only a matter of time before it would have to be addressed by the courts. But it didn’t seem that this case would be the one to tip the judicial...
In an appeal with echoes of the Myriad human gene case, the Federal Circuit wants the U.S. Patent and Trademark Office and the Solicitor General to weigh in on a critical standing question for third parties challenging PTO patent rulings.
Myriad Genetics Inc., the maker of tests for hereditary risks of breast and ovarian cancer that lost its patent fight at the U.S. Supreme Court last year, failed to convince a federal court to block a competitor from selling its own genetic tests while another patent-infringement case is pending. Read more: http://www.corpcounsel.com/id=1202646451791/Another-Patent-Infringement-Setback-for-Myriad-Genetics#ixzz2vgfscbnw
A major shift is taking place in the world of patents, and nowhere is this more evident than at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB), the body that hears patent challenges at the PTO. Read more: http://www.corpcounsel.com/id=1202640957315/The-Patent-Trial-and-Appeal-Board-Flexes-Its-Muscles#ixzz2vK3z8B6r
The University of Wisconsin's patent licensing arm has tapped powerhouse patent litigator Morgan chu to pick what could be a major fight with Apple Inc. In a lawsuit filed on Friday, the Irell & Manella partner alleges that Apple is infringing the university's patented technology...
The number of patents issued by the U.S. Patent and Trademark Office declined in 2015—the first downturn in U.S. patent activity since 2007. Read more: http://www.corpcounsel.com/id=1202747010838/Report-2015-Saw-a-Drop-in-the-Number-of-Patents-Issued#ixzz3x9vK2dZi
The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) has instituted postgrant reviews of three patents owned by the Chicago Board Options Exchange Inc. that are at the center of a $525 million suit it filed against the International Securities Exchange LLC. The move could result in the invalidation of the patents. Read more: http://www.litigationdaily.com/id=1202646127547/CBOE%27s-Three-Patents-Face-Risk-of-Invalidation-#ixzz2vK0knyLA
Matthew Bassiur, who previously oversaw anti-counterfeiting operations for Pfizer Inc. and is also former counsel for intellectual property enforcement at Apple Inc., has been appointed head of global intellectual property enforcement at Chinese online retail giant Alibaba. Read more: http://www.corpcounsel.com/id=1202745456261/Chinese-Online-Giant-Alibaba-Hires-Former-Pfizer-and-Apple-Lawyer-for-IP-Enforcement#ixzz3v5F3GLnY
The pharmaceutical industry is urging the Office of U.S. Trade Representative to place Canada on its intellectual property “Priority Watch List” when the agency releases the 2014 edition of its Special 301 Report in April.
Obtaining a patent in general is no easy feat. So what happens when someone wants to patent a cure for the common cold? “Everyone rolls their eyes,” said Mark Benedict, a partner at Knobbe Martens, Olson & Bear. But after the initial eye rolling, Benedict did set out to secure a U.S. patent for just such a cure. It wasn’t easy. It took five years. Three times the U.S. Patent and Trademark Office kicked the application back, requiring Benedict and associate Mark Metzke to amend the claims,...
The very public patent war between Google Inc. and Apple Inc. also escalated behind the scenes in 2013, as both companies for the first time broke into the ranks of the top 20 recipients of U.S. patents. Read more: http://www.corpcounsel.com/id=1202638251467/Google%2C-Apple-Join-IBM-on-2013-Patent-List#ixzz2wF2Sp7Xl
Accused patent troll Uniloc USA Inc. has asserted its patents against dozens of companies, ranging from the gigantic (Microsoft Corp.) to the obscure. Now a small software company and its New England lawyers are claiming an outsized victory against Uniloc in the Eastern District of Texas—and saying the win will help other Uniloc targets as well. Read more: http://www.litigationdaily.com/id=1202646422105/Uniloc-Suffers-Setback-in-East-Texas-Patent-Fight#ixzz2vggWSNd3
Michelle Lee, who was nominated in October by President Barack Obama to head the U.S. Patent and Trademark Office, will not be confirmed by the U.S. Senate before Congress adjourns, meaning her confirmation will have to resume after the new Republican-led Congress is seated in January. Senator Chuck Grassley, R-Iowa, who is the ranking Republican on the Senate Judiciary Committee, said Wednesday during Lee’s scheduled confirmation hearing that there is not enough time to confirm her before...
As Congress continues to debate the intricacies of proposed patent reform legislation that is designed to stop patent trolls from decimating the U.S. patent system, the U.S. Patent and Trademark Office is taking steps of its own to make life harder for patent trolls. Read more: http://www.corpcounsel.com/id=1202642085711/PTO-Proposes-New-Anti-Patent-Troll-Rule#ixzz2vK27woY6
An intellectual property fight over the arcade game Skee-Ball has ended with a confidential settlement and licensing agreement that will enable the operators of a hipster-happy “Brewskee-Ball” league to continue its Skee-Ball tournaments at bars in Brooklyn, San Francisco, Austin and Wilmington, N.C. Read more: http://www.corpcounsel.com/id=1202665040677/Settlement-Ends-LongRolling-SkeeBall-TM-Dispute#ixzz38sN4u0eS
The San Jose federal judge presiding over Apple Inc.'s smartphone patent battle with Samsung Electronics Co. delivered a stern rebuke to Apple's lawyers for seemingly appealing to nationalism and xenophobia in making their case against a Korean rival, warning that efforts to play to juror prejudices won't be tolerated.
The Patent Trial and Appeal Board is a deeply sophisticated bench that is revolutionizing patent litigation. Here's a look at the judges who are making their mark on the new tribunal. Read more: http://www.therecorder.com/#ixzz3k8zDMsjk
The lawyer who last week sued the Electronic Frontier Foundation for defamation after the nonprofit wrote about his invention in its “Stupid Patent of the Month” column has dropped his lawsuit. Read more: http://www.corpcounsel.com/id=1202728673549/Lawyer-Drops-Stupid-Patent-Suit-Against-EFF#ixzz3cVS8ZIP9
Legal disputes that take place in multiple national jurisdictions or between parties based in different countries are posing challenges for corporate boards, chief executive officers and general counsel, according to a survey of about 150 global general counsel and chief legal officers.
China cranked out more patent applications in 2014 than the United States and Japan combined, according to a survey released Monday by the World Intellectual Property Organization. Read more: http://www.corpcounsel.com/id=1202744845641/China-Powers-to-No-1-in-the-World-Patent-Filing-Race#ixzz3ubfUJdIB
The World Wide Web had a major growth spurt Wednesday—in ways not seen since it was created—and that means brand owners may have to spend more energy, time and money to protect their trademarks.
Don Dunner isn't the only lawyer making his first-ever U.S. Supreme Court appearance this week, as the justices take up the question of fee shifting in patent cases. Rudy Telscher of the IP boutique Harness Dickey & Pierce will stand before the high court for the first time in his career on Wednesday. He's set to argue on behalf of Octane Fitness, a small exercise equipment company, in a case with potentially huge ramifications for the patent bar.
The new domains being launched by the Internet Corporation for Assigned Names and Numbers (ICANN) haven’t transformed the World Wide Web just yet. But it appears that lawyers are being faced with some expensive choices. Read more: http://www.corpcounsel.com/id=1202668061405/Hefty-Prices-for-Attorney-and-Lawyer-Domains#ixzz3BdEAo9CN
In the end it was the Los Angeles County Health Department—not intellectual property law—that forced the “Dumb Starbucks” coffee shop in Los Angeles to close.
In-house counsel have gotten a lot more savvy about intellectual property—so much so that most law firms should not expect IP to be the major source of revenue, workload and growth potential in 2015 that it’s been in the past, according to a new survey. Read more: http://www.corpcounsel.com/id=1202662258830/More-IP-Work-Going-Inhouse-Less-to-Outside-Firms#ixzz36tVM4epB
Lex Machina released its second annual Patent Litigation Year in Review Thursday, publishing data that confirms 2014 was a historic year in which the subject of patent litigation and patent reform spread from corporations and law firms to Congress and the U.S. Supreme Court. Read more: http://www.corpcounsel.com/id=1202721760927/Data-Shows-2014-a-Historic-Year-for-Patent-Litigation#ixzz3Vcl8rKLm
Online retailers lose bid to avoid collecting sales tax in New York
Finnegan, Henderson, Farabow, Garrett & Dunner has published a free e-book that provides a summary of the top trends in patent filings and litigation in the chemical, pharmaceutical and biotechnology industries.
A patent-licensing company has launched an educational campaign against the use of extortionist demand letters that victimize thousands of small and medium-sized businesses. Read more: http://www.corpcounsel.com/id=1202663468243/Firm-Urges-Small-Business-To-Stand-Up-To-Thwart-Trolls#ixzz37fkA5JyB
There's a reason Donald Dunner is known as the dean of the patent bar. He's argued more than 160 cases at the U.S. Court of Appeals for the Federal Circuit-a record-and the Federal Circuit's chief judge has dubbed him a...
Apparently, it isn't enough for the copyright plaintiffs suing Sirius XM Radio that they've gained the upper hand in the litigation, or that an early bid to buttress the company's defense by Sirius XM's newly hired lawyers at O'Melveny & Myers was a flop. This week the plaintiffs asked a judge to harshly sanction O'Melveny for its conduct, asserting that the firm used bogus arguments to mislead the court. Read more:...
Patent law can be awfully complex. Just ask U.S. District Judge Marsha Pechman in Seattle, who had to backtrack from a decision tossing a patent infringement lawsuit against Microsoft Corp. on Friday after both sides suggested she used the wrong standard to dismiss the wrong claim. Read more: http://www.litigationdaily.com/id=1202726104168/Judges-Mea-Culpa-Puts-Microsoft-Patent-Case-Back-on-Track#ixzz3Zral1dVs
A ruling giving the nod to Google Books may have big ramifications.
Silicon Valley has invented a way to circumvent Congressional budget cuts, allowing the U.S. Patent and Trademark Office to finally establish a permanent satellite office in the heart of California's patent-rich tech industry.
More than three years after Aereo Inc. rattled the broadcast television industry with its subscription service for streaming and storing live TV, the company's titanic copyright battle with the nation’s major networks is finally over. On Thursday, U.S. Bankruptcy Judge Sean Lane in Manhattan approved a settlement in which Aereo will pay a combined $950,000 to CBS, ABC, Fox and other broadcasters to resolve a copyright suit that claimed at least $99 million in damages. Read more:...
Government lawyers have weighed in on a case in front of the U.S. Court of Appeals for the Federal Circuit that could have repercussions for stem cell researchers and public interest groups challenging patent reexaminations.
Octane Fitness, the small, Minnesota-based company that transformed the law governing the awarding of attorney fees in patent litigation, has asked a federal judge in the U.S. District Court for the District of Minnesota to award it more than $2.8 million in attorney fees and expenses. Read more: http://www.corpcounsel.com/id=1202732330969/In-Patent-Case-Fitness-Co-Wants-3628M-in-Attorney-Fees#ixzz3g5LBlagG
After raging for more than half a century, a copyright battle over the rights to the iconic spy James Bond finally came to an end last week.
Patent litigation, which only a few months ago appeared to be on the decline, is actually rising significantly. More than 3,000 patent lawsuits were filed in the first six months of 2015—the highest number of new district court cases on record and an increase of more than 11 percent compared to the first half of last year, according to statistics released Tuesday by Lex Machina. Read more: http://www.corpcounsel.com/id=1202732070747/After-a-Dip-Patent-Litigation-Is-On-the-Rise#ixzz3ftTI0Akz
With concern about espionage and theft of trade secrets mounting, companies are rapidly expanding their trade secret practices, evaluating trade secret programs and improving training programs, according to a report by the IP benchmarking firm ipPerformance Group.
Companies are not prepared for overseas threats to their intellectual property, according to a new survey of chief IP counsel. More than half of those surveyed said the focus at their companies on global threats is inadequate. In addition, half indicated they did not believe their companies are sufficiently familiar with global patent laws. Read more: http://www.corpcounsel.com/id=1202732692609/Are-Companies-Prepared-for-Global-IP-Threats#ixzz3gYMWSCJR
It was a good week for IP litigators at Latham & Watkins, who scored back-to-back appellate rulings for Mallinckrodt Pharmaceuticals and capped a patent victory for Volvo Car Corp. with a $1 million attorney fee award. Read more: http://www.litigationdaily.com/id=1202721982107/Latham-Pulls-off-Triple-Play-for-Volvo-Mallinckrodt#ixzz3VtH9VhKh
WikiLeaks has published a leaked draft of the intellectual property chapter of the Trans-Pacific Partnership, revealing proposals that could change how copyrights and patents are handled throughout the Pacific Rim.
Congress is back in session and patent reform is on the table. Again. Read more: http://www.corpcounsel.com/id=1202737260207/Congress-Tries-Once-More-With-Feeling-on-Patent-Reform#ixzz3lui9aQQ6
Against the background of a U.S. Patent and Trademark Office in flux, we talked to former PTO general counsel Bernard Knight Jr. about what's ahead in U.S. patent law.
The U.S. Postal Service, which is in the unique position of being a government entity that is required to run like a business, has invented or contributed to the development of substantial intellectual property. But it risks losing its right, or the right of the public, to use certain technologies because it has no formal, organization-wide IP strategy, according to a recent report [PDF] by the USPS Inspector General. Read more:...
The U.S. Department of Justice will intervene in a high-profile trademark dispute concerning the team name of the Washington Redskins. Read more: http://www.corpcounsel.com/id=1202714596659/Justice-Department-to-Intervene-in-Redskins-Case#ixzz3OMqyjxsl
Patent litigation was alive and well last year.
Both domestically and abroad, the pharmaceutical and biotech sectors are feeling besieged on the IP front. Generic drug makers are challenging Big Pharma’s patents at the U.S. Patent and Trademark Office. So are hedge funds. Biotech patents also are under attack. And human rights groups are warning that the Trans-Pacific Partnership—a proposed trade deal between the U.S. and 11 other Pacific Rim countries—could end up favoring Big Pharma and make access to low-cost generic drugs in developing...
Google Inc. and four other companies have been ordered to pay $17.3 million in supplemental damages and interest to a subsidiary of the patent licensing company Vringo Inc. Read more: http://www.litigationdaily.com/id=1202636494548/Google-Ordered-to-Pay-%2416M-More-to-Vringo#ixzz2wS0w49ih
Corporate counsel are increasingly turning to Big Law for help with intellectual property litigation rather than to midtier firms and IP boutiques. And while they are increasingly engaging in alternative fee arrangements with their law firms for most work, they rarely do so for IP litigation, according to a recent report. Read more: http://www.corpcounsel.com/id=1202735966903/Survey-Companies-Move-to-Big-Law-for-IP-Litigation#ixzz3lLYoJJ6n
Attorneys for the founders of the 1960s rock group The Turtles have failed to stop a $210 million settlement between Sirius XM and major record companies from going forward. U.S. District Court Judge Philip Gutierrez on Wednesday denied a request by Flo & Eddie, the founders of The Turtles, to enjoin the satellite radio giant from paying the record labels until the settlement can be investigated further through discovery. Read more:...
For the heirs of some uber-weathy clans, trading on the family name comes easy. It certainly seemed a natural fit for David B. Guggenheim, who began to appear on the dealmaking scene way back in the 1970s, using his name to woo investors. Read more: http://www.americanlawyer.com/digestTAL.jsp?id=1202610975292&McDermott_Scores_Appellate_Win_in_Guggenheim_Con_Case#ixzz2Z9epi51W
Former Google Inc. deputy general counsel Michelle Lee, who is currently the director of the United States Patent and Trademark Office's Silicon Valley satellite office, has been appointed Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the PTO.
The number of patent lawsuits filed in U.S. district courts is not, despite claims to the contrary, on the decline. Patent case filings generally were higher in the first five months of 2015 than in the last eight months of 2014. They also were higher than in the comparable five months of 2014, according to data analyzed by legal analytics company Lex Machina at the request of CorpCounsel.com. Read more:...
Worldwide intellectual property patent filings grew at their fastest pace in almost two decades in 2012, with China outpacing all other countries both for number of filings and rate of growth, according to a United Nations agency report.
Hedge fund manager Kyle Bass has scored a tactical victory in his fight against the pharmaceutical industry. The Patent Trial and Appeal Board ruled Friday that Bass’s drug patent challenges, part of a short-selling strategy in which he profits by driving down stock prices, are not an abuse of the inter partes review process because “profit is at the heart of nearly every patent and nearly every inter partes review.” Read more:...
It took more than a decade, but word is that an international copyright treaty for the blind has finally passed, removing copyright hurdles and giving visually impaired individuals around the world broader access to specially formatted books.
Companies expanding globally face multiple challenges and risk of serious labor and employment issues if they do not identify the laws and regulations of each country in which they operate, a panel of lawyers said Wednesday at the Association of Corporate Counsel’s annual meeting. Read more: http://www.corpcounsel.com/id=1202675065862/Expanding-Overseas-Think-40and-Act41-Local#ixzz3Hjcv1IiK
It’s been a busy few days at the U.S. Patent and Trademark Office. It opened its fourth regional office on Monday, fulfilling a provision of the America Invents Act of 2011 to establish offices in hubs of innovation across the country. And on Friday, PTO Director Michelle Lee outlined plans for establishing transparency in the the patent process. Read more: http://www.corpcounsel.com/id=1202742107269/The-PTO-Opens-Another-Office-and-Promises-More-Transparency#ixzz3rIlcvyoI
Finnegan, Henderson, Farabow, Garrett & Dunner partner Donald Dunner has argued more cases before the U.S. Court of Appeals for the Federal Circuit than anyone and has strong views about the Federal Circuit's position as the exclusive appellate court for patent cases.
Pharmaceutical companies brokered fewer deals with generic competitors to delay sales of cheaper drugs in fiscal year 2014—the first full fiscal year after the U.S. Supreme Court ruled that such deals, known as “pay-for-delay” deals or “reverse payment settlements,” could potentially violate antitrust laws. Read more: http://www.corpcounsel.com/id=1202747117329/FTC-Data-Shows-Major-Drop-in-PayforDelay-Deals#ixzz3xFyR9z5A
A Marshall, Tx., jury concluded Friday that Barnes & Noble Inc. didn't infringe a patent owned by Alexsam Inc., a patent holding company that sued B&N and six other major retailers over their use of gift card technology. After a one-week trial before U.S. District Judge Michael Schneider and five hours of deliberation, the jury returned a unanimous 7-0 verdict of non-infringement. Alexsam was seeking $72 million in damages and a running royalty from Barnes & Noble, which was represented by...
With a vote on anti-patent troll legislation expected to take place in Congress this week, both supporters and opponents of the bill have been pulling out all the stops as the finish line approaches.
Congress may have killed off patent reform legislation this year, but almost one-third of the country’s 50 states have enacted their own legislation that could help companies combat patent trolls. And more are expected to follow suit. But a bill now being considered by Congress as a substitute for the Innovation Act, the broader patent reform legislation that was suddenly and unexpectedly killed in May, threatens to undermine those laws, some patent reform advocates say. Read more:...
In the expanding world of Internet domains—the characters that follow the period in a Web address—money talks almost as loudly as it does in politics. Read more: http://www.corpcounsel.com/id=1202662590247/Get-a-gop-Web-Address-Even-If-You-Dont-Dig-the-GOP#ixzz370WSUxOU
As the titanic copyright battle between Oracle America Inc. and Google Inc. continues at the U.S. Court of Appeals for the Federal Circuit, Google is hoping for a shot in the arm from amicus briefs filed last week by a parade of computer scientists, law professors, and application developers.
A divided Federal Circuit panel affirmed an East Texas jury verdict upholding the validity of a patent owned by licensing company Alexsam Inc. that covers systems used to process prepaid phone and gift cards. But it reversed jury's finding that IDT Corporation had infringed the patent for one system, and affirmed the district court's ruling that there was no infringement on another.
Citing a recent U.S. Supreme Court decision on fee-shifting in patent lawsuits, a Delaware judge has ordered an Acacia Research Corp. subsidiary to cover legal bills racked up by Alcatel-Lucent USA Inc. in a 3-year-old case related to ethernet technology. Read more: http://www.litigationdaily.com/id=1202670410557/Acacia-Unit-Socked-with-Fees-in-Alcatel-Patent-Fight#ixzz3Di8abnwA
The Patent Trial and Appeal Board has sided with Garmin International Inc. and invalidated three challenged claims in a patent held by Cuozzo Speed Technologies LLC, marking the first inter partes review decision to be issued since the new patent challenge proceeding was instituted under the America Invents Act.
Eli Lilly & Co., which has sued the government of Canada for $500 million, has filed a legal document with the international trade body that will decide the case, charging that Canada violated international law when it invalidated two of its key patents. Read more: http://www.corpcounsel.com/id=1202674271865/Eli-Lilly-Says-Canada-Patent-Ruling-Violates-NAFTA#ixzz3GucLqVLG
Soverain Software, a holding company with patents related to e-commerce, is banking on appellate heavyweight and former U.S. Solicitor General Seth Waxman to revive its case against Newegg Inc. at the U.S. Supreme Court.
It's been three months since the U.S. Supreme Court ruled on fee-shifting in patent infringement lawsuits. But battles over how to apply the new standards are just beginning, as two companies at the center of the high court's rulings illustrated this week. Read more: http://www.litigationdaily.com/id=1202665377026/Patent-Foes-Square-Off-Over-New-FeeShifting-Rules#ixzz395E7lIyi
Eli Lilly and Company has filed a $500 million investor-state case [PDF] against the Canadian government over invalidated patents, alleging that Canada has violated its obligations under the North America Free Trade Agreement by allowing its courts to invalidate patents for two of its drugs. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202619453633&Eli_Lilly_Files_500M_Pharma_Patent_Case_Against_Canada#ixzz2f5wRcs8d
As the U.S. government shutdown enters its third week, the world of intellectual property continues to be crippled with delays and standstills—both in the U.S. and overseas. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202623450326&IP_Institutions_Crippled_by_Government_Shutdown#ixzz2hjUJC9dZ
Representing a patent plaintiff called Eidos Partners earned McKenna Long & Aldridge more than $11 million in legal fees. But Eidos' patent campaign has so far mostly fizzled in the courts, and now a federal judge is refusing to let the firm off the hook in an arbitration stemming from an investment fund's loan of more than $20 million to fuel the litigation. Read more: http://www.litigationdaily.com/id=1202715106906/McKenna-Long-Cant-Dodge-Arbitration-Over-Patent-Campaign#ixzz3OpLw1LgK
A sign spurs a reporter to chase down the truth about the first U.S. patent.
After repeatedly failing to thwart a lawsuit brought by Vermont's attorney general, MPHJ Technology Investments suffered another setback this week when a federal judge remanded the AG's case to state court for the second time. Read more: http://www.litigationdaily.com/id=1202715215529/Vermont-Keeps-Case-Against-Patent-Troll-MPHJ-in-State-Court#ixzz3OuQEA23D
Legal documents aren’t known for their wit or humor. Most legal writing, in fact, tends to be rather dry. But occasionally an attorney breaks the mold with such panache, the document begs to be shared. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202618025293&Using_Humor_to_Fight_Copyright_Infringement_Claim#ixzz2dxRdFUWE
Congress gave the U.S. International Trade Commission the power to bar imports of products that infringe U.S. patents or otherwise offer their makers an unfair competitive edge. But should the ITC be able to block the flow of information as well? Read more: http://www.litigationdaily.com/id=1202674159665/Tech-Players-Line-Up-Against-ITC-Power-to-Ban-Digital-Files#ixzz3GpAEAloX
Red Bull GmbH, the well-known maker of energy drinks, goes after a Virginia craft brewery, alleging that its name and logo are likely to cause confusion. Electronics maker Nokia Oyj threatens to sue a small U.K. start-up over its use of the word “Here.” And Major League Baseball says the logo of a website run by a small finance company—a logo comprised of the letter “W” written in white block type inside a bright green box—is too similar to the logo of two professional baseball teams. Read...
Samsung Electronics Co. is hoping the White House will veto an order that would bar the company from importing some of its smartphones and tablets. But observers say the company and its lawyers shouldn't hold their breath. Read more: http://www.americanlawyer.com/digestTAL.jsp?id=1202622496506&Import_Ban_Looms_for_Samsung_in_Apple_Patent_Fight#ixzz2h6Fjq62K
Myriad Genetics lost its U.S. Supreme Court fight over the patentability of human genes. But the battle over Myriad's patents is far from over. Read more: http://www.americanlawyer.com/digestTAL.jsp?id=1202623576200&After_Myriad_Ruling_Gene_Patent_Battles_Rage_On#ixzz2hp9PzLr3
Eli Lilly and Company has filed a $500 million investor-state case against the Canadian government over invalidated patents, alleging that Canada has violated its obligations under the North America Free Trade Agreement by allowing its courts to invalidate patents for two of its drugs. Read more: http://www.corpcounsel.com/id=1202619453633/Eli-Lilly-Files-%24500M-Pharma-Patent-Case-Against-Canada#ixzz30UAkysUX
A French government-sponsored patent assertion entity and its lawyers at McKool Smith have won a fight over their preferred U.S. battleground, persuading a judge to keep their patent infringement suit against HTC America Inc. and LG Electronics in the plaintiffs-friendly Eastern District of Texas. Read more: http://www.law.com/sites/articles/2014/08/04/letat-cest-an-east-texas-patent-plaintiff/#ixzz39WxM5ERn
Patents have gone mainstream. Those official government documents that provide temporary legal monopolies, and which not long ago were of interest primarily to geeky inventors and specialized attorneys, are now so much in the public consciousness, they are being explained—and ridiculed—on Comedy Central’s news-satire program The Daily Show With Jon Stewart. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202619185530&Patent_Lawyers_Get_The_Daily_Show_Treatment#ixzz2engNATIn
Global interest in protecting innovation clearly has not abated. A total of 2.1 million patent applications were filed in the world’s five largest patent offices in 2013, according to a statistical report published by those five offices. The 87-page “IP5 Statistics Report, 2013 Edition” was published jointly by the European Patent Office, the Japan Patent Office, the Korean Intellectual Property Office, the State Intellectual Property Office of the People's Republic of China and the U.S....
Soon after swooping in to represent Sirius XM Radio Inc. in potentially industry-shaking copyright litigation, O'Melveny & Myers suffered a nasty setback when a judge ruled that newly-cited precedent trumpeted by the firm had been overruled 60 years ago. Read more: http://www.litigationdaily.com/id=1202679160976/Judge-Slams-OMelveny-in-Sirius-XM-Copyright-Brawl#ixzz3M5IKykTR
The law was far from her thoughts when Nicole Morris was a child; her parents wanted her to be a doctor. That dream faded as she got older and realized she couldn't handle the sight of blood. Today Morris is managing patent counsel for one of the best-recognized brands in the world—The Coca-Cola Company. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202610547550&A_Long_and_Winding_Road_to_the_Real_Thing#ixzz2btBEJeog
The legal analytics company that has worked to change the way attorneys approach patent litigation is hoping to do the same in the copyright world. Lex Machina, which grew out of a project run by Stanford University's law school and its computer science department, has published a 37-page “Copyright Litigation Report,” developed from litigation data and court decisions covering thousands of copyright cases filed in U.S. district courts over the past five years. The report analyzes key...
A recommendation made last month by a committee from ICANN, the nonprofit organization that coordinates Internet domains, to reject Amazon.com Inc.’s application for the domain “.amazon” may end up undermining the largest-ever expansion of domains suffixes, which are also known as generic top-level domains (gTLDs). Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202614276487&Amazons_Domain_Name_Troubles_Threaten_ICANN_Program#ixzz2bJVW4htf
International Business Machines Corp. has done it again. In 2014, for the 22nd consecutive year, the technology giant topped the annual ranking of the largest recipients of U.S. patents issued by the Patent and Trademark Office. Read more: http://www.corpcounsel.com/id=1202714727838/Big-Blue-Not-Apple-Not-Google-Got-the-Most-Patents#ixzz3OdTVb1gA
Despite unprecedented interest in so-called “patent trolls” coming from the public, Congress, and the White House, intellectual property lawyers have privately expressed great skepticism that anything will be done to curb the activities of these companies that exist primarily to buy up patents and assert them. But anti-troll momentum continues to grow. On Wednesday, a letter [PDF] signed by 50 disparate organizations—including the American Bankers Association, the Motion Picture Association...
In the first ruling of its kind since the America Invents Act established a new system for reviewing patents, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) ruled Tuesday that a key patent used in a case brought by Versata Inc. against SAP America Inc. is too abstract and therefore invalid [PDF].
Critics of the U.S. Patent and Trademark Office have long complained that examiners are too lax and issue too many low-quality patents, with some claiming that more than 95 percent of patent applications are eventually approved. Now, a professor and two PTO economists have conducted a study, titled “What is the Probability of Receiving a U.S. Patent?,” finding that only 55.8 percent of the 2.15 million patent applications filed at the PTO between 1996 and 2005 were ultimately issued as...
Nearly three quarters of the chief IP counsel polled for Consero Group's “2013 Chief IP Counsel Data Survey” said they are either currently in litigation with a “patent troll” or anticipate they will be in the next 12 months. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202613398207&IP_Counsel_Facing_Patent_Troll_Litigation_Crisis#ixzz2alyIgWNo
In the world of intellectual property, it’s no secret that the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) has, over the past two years, completely transformed patent litigation with its post-grant proceedings. But pharmaceutical companies generally have been slow to avail themselves of this these tools—until now. Read more: http://www.corpcounsel.com/id=1202669401978/Pharma-Sector-Takes-a-Dose-of-PostGrant-Patent-Review#ixzz3CqUC8SLi
Wall Street may not be as vulnerable to patent infringement lawsuits as Silicon Valley or the pharmaceuticals industry. But the gap is narrowing—and major banks are collaborating in an effort to keep accused patent trolls at bay. Read more: http://www.litigationdaily.com/id=1202674761023/Banking-Behemoth-Blasts-Finance-Patents-at-PTO-CAFC#ixzz3HjfzEoay
In the eyes of the United States, Canada has a drug problem. Granted, this isn't an illegal narcotics or drug cartel problem. But in the world of international trade, the problem is pretty bad. In fact, it's serious enough to land Canada on the "Watch List" in the U.S. Trade Representative's "Special 301 Report"—a report released annually that evaluates the intellectual property rights protection and enforcement of the United States's trading partners. So how exactly did Canada end up on this...
It was only a matter of time before lawyers focusing on the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board—the nation’s third most active patent litigation forum—staked out a corner of the blogosphere. Read more: http://www.corpcounsel.com/id=1202656033506/IP-Lawyers-Blogging-Patent-Trial-and-Appeal-Board#ixzz32HpKvyI6
Apple Inc.’s appropriation of an iconic clock design whose copyright and trademark are owned by the Swiss Federal Railway has reportedly cost the company $21 million.
In the eyes of the United States, Canada has a drug problem. Granted, this isn't an illegal narcotics or drug cartel problem. But in the world of international trade, the problem is pretty bad. In fact, it's serious enough to...
The U.S. Patent and Trademark Office has canceled the federal trademark registrations for the name of the National Football League’s Washington Redskins, ruling that “a substantial composite of Native Americans found the term Redskins to be disparaging.” Read more: http://www.corpcounsel.com/id=1202659837292/PTO-Sacks-Washington-Redskins-Trademarks#ixzz351RCkfKD
Our IP reporter happened to stumble across the Vermont town where the very first U.S. patent was issued to Samuel Hopkins. But is Hopkins's story history or mythology?
Last year Vermont Attorney General William Sorrell became the first lawmaker to sue a so-called patent troll for threatening businesses with allegedly bogus patent infringement claims. In an interview on Friday, Sorrell said he welcomed news that his state's chosen target, MPHJ Technology Investments, has made a deal with the U.S. Federal Trade Commission to cease precisely those activities. But he said the FTC's settlement could have been tougher. Read more:...
Trade secrets, which in the world of intellectual property often take a back seat to patents, copyrights, and trademarks, have of late gained a prominent and important spot in global discussions of IP. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202611244958&10_BigMoney_IP_Verdicts_in_Trade_Secret_Litigation#ixzz2ZLJZO0rD
Lex Machina, the legal analytics company that is changing the way many patent attorneys approach their cases, has launched a new platform that will for the first time give trademark and copyright attorneys the same tools that have benefited patent lawyers. Read more: http://www.corpcounsel.com/id=1202722462476/Lex-Machina-Adds-Tools-for-Copyright-and-Trademarks#ixzz3WBwDLYvw
Senator Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee and co-author of the sweeping 2011 patent reform law known as the Leahy-Smith America Invents Act, said in an opinion piece published by Politico Sunday that abuse of the patent system by so-called “patent trolls” is causing a drag on the U.S. economy and is making further reform necessary. Read more:...
India is again coming under attack for the way it deals with pharmaceutical patents and other forms of intellectual property—this time from the U.S. government.
Big Pharma was dealt a heavy blow in the battle over compulsory licensing Monday, when India’s patent appeals board ruled that a domestic generic drug maker could continue to make and sell a low-priced copy of Nexavar, a cancer medication patented by Bayer AG. It was the first time the Indian patent authority confirmed that the use of compulsory licensing in India was legal.
After nearly 17 years in-house with Microsoft Corp., patent attorney Bart Eppenauer is joining Shook, Hardy & Bacon, where he will serve as managing partner of the firm's new Seattle office.
The Republican Study Committee released a report advocating major copyright reform that could have helped win over the young and tech-savvy. But then it disappeared.
U.S. Bancorp is counting on Jim Chosy to manage its legal affairs—again. Chosy, who was general counsel and secretary of investment bank Piper Jaffray Companies, has returned to Minneapolis-based U.S. Bancorp to serve as its new executive vice president and general counsel. Chosy previously worked for U.S. Bancorp as associate general counsel from 1995 until 2001.
Tesla Motors Inc. said Thursday it will make its patented technology freely available to other automakers, part of an effort to encourage further innovation in the electric car market. Read more: http://www.corpcounsel.com/id=1202659171053/Giving-Away-Patents-Tesla-Founder-Offers-IP-Critique#ixzz34TnDofM0
The Second Circuit has refused to modify its previous order in the famous battle over red-soled shoes, signaling an end to the battle between two well-known designers that captivated IP litigators and the fashion world.
The U.S. Court of Appeals for the Federal Circuit has weighed in once again on the elements required for patent holders to prove induced infringement, this time in a fight over online mapping technology for real estate hunters.
The U.S. Supreme Court’s Kirtsaeng v. John Wiley & Sons ruling that a legally obtained copyrighted work can be imported into the U.S. and resold without permission from the copyright owner, even if it was manufactured and sold overseas, will have broad legal ramifications going forward, intellectual property attorneys say.
A ruling Friday in a clash over windshield wipers may lead to more bifurcated trials in intellectual property cases—and it could spell trouble for patent plaintiffs. But the decision by the U.S. Court of Appeals for the Federal Circuit is good news for blade maker Pylon Manufacturing, which won a chance to challenge a jury's patent infringement finding before heading to trial on damages.
Huawei Technologies failed to convince the International Trade Commission to delay investigating a complaint filed by InterDigital Inc. regarding standard essential patents, arguing that it should first let a parallel case be heard in U.S. District Court in Delaware.
The full U.S. Court of Appeals for the Second Circuit on Tuesday refused to reconsider an April ruling for upstart TV streaming company Aereo Inc. in its closely-watched copyright battle with the broadcast television industry. At least one broadcaster immediately vowed to continue the fight as far as the U.S. Supreme Court. Read more: http://www.americanlawyer.com/digestTAL.jsp?id=1202611161053&Networks_Stymied_Again_in_Aereo_Copyright_Fight#ixzz2ZFUiJELQ
After a string of courtroom losses in copyright litigation over pre-1972 musical recordings, Sirius XM Radio Inc. hoped a fresh sound and a new front man would give it a hit. Instead, the new release bombed. Read more: http://www.americanlawyer.com/id=1202713086677/A-Bad-Precedent-Trips-Up-OMelveny-in-a-Big-IP-Case#ixzz3PUN6mTgj
Big Pharma thought India was a problem when it comes to drug patents, but now it looks like China may become the industry’s next big patent headache. China’s State Intellectual Property Office (SIPO) has revoked the patent on Gilead Sciences Inc.’s drug Viread (tenofovir), used to treat HIV/AIDS and hepatitis B, meaning any drug maker will be able to produce the drug in that country. Read more:...
It’s no secret that the U.S. patent system has come under attack lately, so the United States Patent and Trademark Office is going to the public to figure out what the agency can do to fix it.
The U.S. International Commission has upheld a decision to reject a so-called patent troll's infringement complaint against more than a dozen companies, knocking out the first case heard under new rules designed to streamline ITC litigation. Read more: http://www.americanlawyer.com/digestTAL.jsp?id=1202615210358&Liquor_Companies_Sprint_to_Victory_in_ITC_Test_Case#ixzz2bocc8YfF
Patent lawyers are turning to legal analytics, hoping the data will give them an advantage over opposing counsel in lawsuits that could be worth millions of dollars.
In 2013, the number of patent litigation lawsuits filed in U.S. district court rose yet again, demonstrating that companies will do whatever it takes to protect their intellectual property. And nonpracticing entities, commonly referred to as patent trolls, played a hefty hand in that increase. Read more: http://www.corpcounsel.com/id=1202673804738/2014-Patent-Litigation-Survey#ixzz3GuPvPY3r
It’s a fairly well-accepted fact that theft of intellectual property in the U.S. is a big problem. So it isn’t very surprising that a report [PDF] released last week by the Commission on the Theft of American Intellectual Property—a U.S. advisory group—estimates annual losses resulting from such theft total more than $300 billion a year.
The Eastern District of Texas, which in 2011 appeared to be losing its lustre as the preferred U.S. district court venue for patent suits, regained its prominence in 2012, usurping the District of Delaware for the No. 1 spot, according to a new analysis by Perkins Coie partner James Pistorino.
Less than one week after Quest Diagnostics Inc. moved to preempt charges that it is infringing patents held by Myriad Genetics Inc., the company has begun selling a test for two cancer-detecting genes. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202624065930&After_Patent_Ruling_Quest_Brings_Cancer_Tests_to_Market#ixzz2i2sSwQMj
A subsidiary of Bayer AG, the Germany-based pharmaceutical company, has filed suit [PDF] in federal court in Wilmington, Delaware, against Glenmark Generics, an international generic drug manufacturer, seeking to stop the Mumbai-based company from selling a generic form of a medication used to treat a skin disorder.
Public interest groups, known for advocating for human rights and civil liberties, are now playing an increasingly important role in the world of intellectual property law.
Amid an ongoing patent war between Sprint Corp. and Comcast Corp., a Delaware jury awarded Sprint $27.6 million on Friday after finding Comcast infringed its patents related to fiber optic data delivery. Read more: http://www.litigationdaily.com/id=1202717463131/Sprint-Evens-Score-and-Then-Some-in-Comcast-IP-Fight#ixzz3RMIetbWx
Ralph Lauren's famous Polo horseman logo has been gracing the company's products for at least four decades. And thanks to a similar mark owned by the U.S. Polo Association, litigation over the iconic image has been clogging the courts for nearly as long.
U.S. Senator Charles Schumer (D-New York) will be introducing legislation next week that could stop many patent suits from proceeding in court. Schumer’s bill, which will be introduced after Congress resumes work on Monday, would expand a provision Schumer and Senator Jon Kyl (R-Arizona) added to the 2011 patent reform legislation known as the America Invents Act. That provision instituted a program that allowed companies in the financial services industry to challenge business-method...
In a closely watched case, the International Trade Commission has ruled that a complainant failed to show that it has a domestic industry in need of patent protection—the first such ruling coming under a new ITC program in which the agency has pledged to resolve key issues earlier in patent investigations. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202610110685&ITC_Brings_Domestic_Industry_Issue_to_Patent_Case#ixzz2Yaay69Yt:
Intellectual property kept its place in the public spotlight in 2012, with patent trolls running rampant and smartphone wars that seemed to never end. These big stories, with their technology-based patents in dispute, naturally dominated the headlines. But battles over gadgets weren't the only actions in court. Companies skirmished over biomedical and life sciences patents, too. And other court battles featured copyrights and the definition of what constitutes "fair use" in an age of...
For the second time in a month, patent licensing company Alexsam Inc. failed to convince a jury that a major retailer had infringed its patents for prepaid gift cards--this time striking out in a $34.5 million suit against Gap Inc. Read more: http://www.americanlawyer.com/digestTAL.jsp?id=1202609264625&Alexsam_Loses_Another_Gift_Card_Patent_Battle#ixzz2XudLLoYj
Robert Berman makes no bones about it: the company he runs, CopyTele Inc., is a patent monetization and patent assertion entity. In colloquial parlance, that means it’s a “patent troll.” Read more: http://www.corpcounsel.com/id=1202599264411/CopyTele-is-a-Patent-TrollWith-No-Apologies&back=TAL08#ixzz37YdqRD2B
The repeated rebukes and reversals the U.S. Supreme has directed at the Court of Appeals for the Federal Circuit seem like an attempt to prod the nation’s top patent court to grow up. But it is still unclear whether the Federal Circuit is ready to relinquish its role as the judiciary’s “enfant terrible,” according to a law professor at the University of California Hastings College of the Law. Read more:...
The U.S. Supreme Court will hear a copyright case later this month that could have serious unintended consequences for the nation’s art museums: If a decision by the Second Circuit Court of Appeals is upheld, every museum in the U.S. that exhibits modern art created overseas could potentially be infringing copyright.
Patent lawsuits that focus on design patents had become increasingly popular in multiple jurisidctions and industries in recent years. But the number of design patent suits filed in 2012 appears to have dropped precipitously in popular court venues, according to a new analysis.
The Owners Rights Initiative hopes to educate members of Congress about how changes to copyright law after Wiley v. Kirtsaeng might affect them. "When you have a situation where there is lack of clarity in the law, the most likely outcome is that the issue will fall into Congress’s lap," said Andrew Shore, executive director of ORI.
David Kappos, who stepped down last month as the director of the U.S. Patent and Trademark Office, has joined the prominent law firm Cravath, Swaine & Moore.
When India's Supreme Court ruled this week that Novartis AG's cancer drug Gleevec was not sufficiently innovative to merit a patent, public health advocates lauded the decision, which they said would give more people access to needed drugs, and Big Pharma condemned it, saying it would stifle innovation. The court's decision, however, was not about encouraging innovation or access. It revolved around a practice the pharmaceutical industry refers to as "life-cycle management" and which public...
Amazon.com Inc. has discovered it really is a jungle out there -- at least when it comes to intellectual property. The e-commerce site has officially lost its bid for the top-level domain ".amazon."
There’s been a lot of sound and fury over two lawsuits alleging copyright infringement filed by the owner of the literary rights to William Faulkner’s works.
International Business Machines Corporation received a record number of U.S. utility patents in 2012, which made IBM the No. 1 patent recipient for the 20th consecutive year.
Online tech store Newegg.com, which has become something of a patent troll fighter extraordinaire, is selling anti-troll T-shirts to raise money to help fight bad patents.
Major New York broadcasters eager to shut down streaming television service Aereo have petitioned [PDF] the Second Circuit Court of Appeals for an en banc review of a ruling that upheld a lower court decision denying an injunction against the broadcasting startup.
There's been a lot of sound and fury over two lawsuits alleging copyright infringement filed by the owner of the literary rights to William Faulkner's works. Faulkner Literary Rights LLC filed one suit against Sony Picture Classics and another against Northrop Grumman Corporation and the Washington Post Company in federal district court in Mississippi. In the first suit, it said that Woody Allen's film Midnight in Paris used a quote from a Faulkner novel without permission. The other suit...
Tech companies are shipping their IP overseas to get a tax break. The IRS wants to change that.
Does Woody Allen's imperfect quote of Faulkner breach copyright law? Read more: http://www.corpcounsel.com/id=1202580944868/Sound-and-Fury-That-May-Signify-Nothing#ixzz32CuDClS6
When the government of India revoked U.S. drug maker Pfizer Inc.’s local patent for its cancer drug Sutent last week, it marked yet another loss for Big Pharma in an escalating patent war between multinational pharmaceutical companies and the governments of developing nations.
Q. Todd Dickinson, executive director of the American Intellectual Property Lawyers Association (AIPLA), has stepped down from his position, effective immediately, fueling speculation that he will be tapped for a position by President Barack Obama. Read more: http://www.corpcounsel.com/id=1202663124577/IP-Lawyers-Group-Exec-Director-Resigns-Headed-to-PTO#ixzz37TEddfbd
New Zealand may become one of the next countries to adopt a plain-packaging law, which would require that cigarettes and other tobacco products be sold without any branding or distinctive trademarks. Read more: http://www.corpcounsel.com/id=1202666417189/Cigarettes-Trademarks-and-PlainPackaging-Laws#ixzz3A7mmCkMJ
Applying for a new patent? Take note: The public is watching. The Patent and Trademark Office has teamed up with Stack Exchange, a popular Q&A website for IT professionals and experts in a variety of areas, to make it easy for technology buffs, software geeks, and others with specialized knowledge to check out any new application and question whether it really deserves a patent.
After failing for two years to neutralize Dish Network's ad-skipping AutoHop feature in the courts, CBS Corp. finally made peace with the satellite television provider over the weekend. The companies' deal—which ended a blackout of CBS programming that had affected Dish subscribers in 18 major markets—will end the litigation, and keep the ads flowing. Read more: http://www.litigationdaily.com/id=1202678430969/CBS-Deal-Ends-Blackout-Litigation-Risk-for-Dish#ixzz3LPrjusz2
One month after Apple Inc. took Samsung Electronics Co. to court for infringing its designs, Apple is now accused of appropriating the look of the Swiss Federal Railway’s iconic clock for use in the iPad’s default clock app in the newly launched iOS 6 operating system.
Accusations of misconduct and gamesmanship are flying fast in a battle at the U.S. International Trade Commission that pits Straight Path IP Group, a self-described patent monetization company, against major electronics companies whose devices stream content from Google Inc. and Netflix. Read more: http://www.litigationdaily.com/id=1202655027720/ITC-Retreat-Prompts-War-of-Words-in-VoIP-Patent-Fight#ixzz31c5JQzqO
Judge Diane Wood, who on Tuesday became chief judge of the U.S. Court of Appeals for the Seventh Circuit in Chicago, proposed in a speech last week that the U.S. abolish the Federal Circuit’s exclusive jurisdiction in patent cases. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202621813096&Judge_Wood_Proposes_Changing_Jurisdiction_for_Patent_Cases#ixzz2gawlKQHQ
Does allegedly spying on a competitor's wares to help sell your own products count as corporate espionage or legitimate market research? That was one of the questions at the heart of a 5-year-old legal battle between subsidiaries of McGraw Hill Financial Inc. and Reed Elsevier plc. The answer, as you might expect, is that it depends. Read more: http://www.litigationdaily.com/id=1202674643256/McGraw-Hill-Corporate-Spying-Case-Heads-to-Second-Circuit#ixzz3HjehV8UR
Two U.S. Congressmen are once again taking on so-called “patent trolls” with the reintroduction of the SHIELD Act, a bill that would force non-practicing entities (NPEs) that sue for patent infringement to pay the defendant’s legal costs if they lose their lawsuit.
Major technology companies, anxious to protect their intellectual property, have generally chosen litigation over arbitration—even in cross-border disputes. But that may be changing. Increasingly, computer, software and other tech companies are exploring arbitration as an alternative to litigation, especially in international disputes, lawyers say. Read more: http://www.corpcounsel.com/id=1202678563263/Tech-Sector-Coming-Around-to-IP-Arbitration#ixzz3LWBrEhDf
With all the changes in U.S. patent law that have taken place in recent years, it’s not surprising that executives in high-tech industries can get confused and even overwhelmed. But now, company lawyers and managers can turn to an e-book for answers to many of their questions. Read more: http://www.corpcounsel.com/id=1202723568145/Have-Tech-Patent-Questions-Counsel-Can-Click-for-Answers#ixzz3XPlPCtn0
When Robert Armitage retires from his post as general counsel of Eli Lilly and Company at the end of the year, he will be leaving his mark not just on the company but also on the laws governing intellectual property in the United States.
Back in February, President Barack Obama indicated in his State of the Union address that 3-D printing may be the next big thing in manufacturing. What he didn’t say is that 3-D printing may also be the next big thing in intellectual property disputes.
No one at Ford Motor Co. has gone so far as to say patents stifle innovation, but one year after electric carmaker Tesla Motors Co. said it would allow other companies to use its patents for free, Ford announced it also will allow rival automakers to access its electrified vehicle patents, although for a fee. Read more: http://www.corpcounsel.com/id=1202727664447/Ford-Opens-Electric-Car-Patents-for-Auto-Industry-R38D#ixzz3bSxVcqus
The accused patent troll MPHJ Technology Investments is trying a different tack in its battle with Vermont Attorney General William Sorrell, bringing a new federal lawsuit to block the AG from pursuing state consumer protection claims against the company. Read more: http://www.litigationdaily.com/id=1202669641475/MPHJ-Files-New-Suit-Challenging-Vermont-Antitroll-Law#ixzz3D1Gdaxx8
Intellectual property attorneys were buzzing Tuesday after the White House announced it was actively taking on the problem of patent assertion entities, or “patent trolls,” both through legislative proposals and executive action.
The U.S. Patent and Trademark Office is operating a secret program that attorneys say delays the issuance of patents the PTO deems controversial or inconvenient. References to the Sensitive Application Warning System (SAWS) have popped up from time to time in anecdotal accounts and PTO memos, but the program itself is not described in the PTO’s published rules of operation. Now, however, SAWS is coming under scrutiny, with allegations that it is stifling innovation, discriminating against...
In the wake of Apple Inc.’s recent $1 billion patent-trial victory over Samsung Electronics, Google Inc. distanced itself from the verdict with a statement stressing that most of the patent claims in that case “don’t relate to the core Android operating system” it created to power mobile devices. But does that mean Google won’t be Apple’s next target?
In a case involving emerging technology, the U.S. International Trade Commission last week took the rare move of staying an order order it issued in April against a company that was found to infringe a competitor’s patents on a teeth-straightening technique, saying it would wait for an appellate ruling. Read more: http://www.litigationdaily.com/id=1202658715690/ITC-Stays-Case-Involving-Digital-Data-#ixzz34F0yhiap
Representative Peter DeFazio (D-Oregon) was only vaguely aware of the so-called "patent troll" issue plaguing small technology companies until he visited software firms in his district about a year ago. It was then that he heard stories about outrageous patent lawsuits threatening the viability of the firms, he said.
A case alleging that the maker of Enfamil infant formula is liable for causing an infant's brain damage will proceed in district court after the U.S. Supreme Court on Monday denied the company's petition for writ of certiorari. Read more: http://www.litigationdaily.com/id=1202676059167/High-Court-Rejects-Enfamil-Baby-Formula-Brain-Damage-Case#ixzz3ImADfhKU
Google did not walk away completely absolved of guilt in the recent FTC ruling, and the consent order it signed could leave an important mark in the patent world.
Despite legislative, judicial and executive moves designed to curb abusive patent troll litigation, lawsuits brought by nonpracticing entities are still going strong—enough so to prompt Goodwin Proctor to publish a guidebook for companies facing NPE litigation. Read more: http://www.corpcounsel.com/id=1202672599342/Goodwin-NPE-Guide-Offers-Patent-Litigation-Tactics#ixzz3FTZGL97l
No superheroes emerged from the five-year battle between Marvel Entertainment and the heirs of comic book artist Jack Kirby, which fizzled with a settlement before the U.S. Supreme Court was due to consider the case this week. But the copyright adventure is likely to continue. Read more: http://www.litigationdaily.com/id=1202671886001/Marvel-Settlement-Leaves-Copyright-Questions-Hanging#ixzz3EvKfyer5
A controversial program designed to thwart individuals who download copyright-protected material via the Internet was launched today by the film, television, and music industries—their latest effort to combat online piracy.
In one of the year's first notable IP verdicts, a Delaware federal jury concluded last month that Symantec Corp. must pay $17 million to the patent licensing giant Intellectual Ventures for infringing two software technology patents. Not chump change, sure, but the award was considerably less then the $299 million Intellectual Ventures and its lawyers at Susman Godfrey originally sought. Read more:...
A banking industry association has created an advocacy program focused on improving patent quality in the financial services industry, a move that signifies the growing importance of patents and technology in the finance sector. Read more: http://www.corpcounsel.com/id=1202673427199/Financial-Sector-Advocates-for-Better-Patent-Quality#ixzz3GFZ0t1fs
Entrepreneur Mark Cuban and Markus “Notch” Persson, the developer of the popular videogame Minecraft, announced Wednesday they are donating a combined total of $500,000 to the Electronic Frontier Foundation to help protect innovation and reform the system for software patents. And they’re backing up the money with a dose of sharp humor.
It may not be looking like a blockbuster term for patent cases at the U.S. Supreme Court, but the IP bar will be watching closely Wednesday when the justices hear Teva Pharmaceuticals v. Sandoz. The case could set a precedent requiring the U.S. Court of Appeals for the Federal Circuit to defer to district court claim construction rulings—a move that would shift power from the Federal Circuit and could make it more difficult for lawyers to get patent decisions reversed on appeal. Read more:...
The sign is coming down. A historical marker that has sat in the village green of Pittsford, Vermont, since 1956 proclaiming the bucolic New England town home to the recipient of the first patent ever issued in the United States, will be removed by state officials sometime this year. For decades, Vermont residents believed that Samuel Hopkins, who in 1790 was granted the nation’s first patent, lived in Pittsford. Even when evidence was presented to show this to be untrue, citizens of...
A group of influential U.S. Senators introduced new bipartisan patent reform legislation Wednesday that aims to rein in so-called patent trolls—a move that signals the patent reform debate which stalled in Congress last year is now likely to move quickly. Read more: http://www.corpcounsel.com/id=1202724935980/Patent-Reform-Revived-in-Bipartisan-PATENT-Act#ixzz3YjoRtbCP
A new study by a Harvard Business School professor has found that financial services patents are more likely to be of low quality and are subject to more litigation than other patent groups. Read more: http://www.corpcounsel.com/id=1202744546273/Harvard-Study-Says-That-Financial-Services-Patents-Are-Low-Quality-Attract-Lawsuits#ixzz3txMCbjLn
Last week Nebraska became the second state — joining Vermont — to employ state consumer protection laws in an effort to thwart alleged shakedowns by patent assertion entities, a.k.a. patent trolls. Nebraska Attorney General Jon Bruning on Thursday ordered Texas law firm Farney Daniels to stop its pursuit of any new patent infringement enforcement efforts on behalf of accused "trolls" within the state, pending the outcome of an investigation by his office. Read more:...
New procedures for challenging patents that were instituted a little over a year ago under the America Invents Act are creating a shift in the way companies and their attorneys treat intellectual property. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202623095271&One_Year_In_a_Look_at_New_Ways_to_Challenge_Patents#ixzz2hNYPAYmN
When it comes to the numbers, Fish & Richardson can't be beat. In 2014, for example, the firm handled 245 new intellectual property suits, according to legal analytics company Lex Machina, more than any other Am Law 200 firm. The firm also handled more cases at the International Trade Commission and was one of the most active firms in post-grant proceedings at the U.S. Patent and Trademark Office. Sibling publication Corporate Counsel has put the firm in the No. 1 spot in its annual patent...
After whittling away at an unusual case against the Andy Warhol Foundation for the Visual Arts until there was nothing left, Boies, Schiller & Flexner is now on its way to recovering its client's hefty legal tab from an insurer that balked at covering the defense.
In a letter to the Internet Corporation for Assigned Names and Numbers (ICANN), Federal Trade Commission Chairwoman Edith Ramirez said her agency would not get involved in a controversy over the new .sucks domain and chastised the organization for ignoring repeated warnings that such issues were likely to arise. Read more: http://www.corpcounsel.com/id=1202727983753/FTC-Doesnt-Want-to-Be-Drawn-Into-Sucks-Domain-Debate#ixzz3bqjOypra
By now it’s well-known that the post-grant proceedings implemented with the America Invents Act have have had a huge impact on the patent practices of companies in the technology and electronics fields. But the proceedings also have significantly altered the patent strategies used by in-house lawyers in the pharmaceutical and biotechnology sectors, according to a new survey. Read more: http://www.corpcounsel.com/id=1202716099870/Pharma-and-Biotech-Getting-in-the-Postgrant-IP-Game#ixzz3PwnY56UA
Many Silicon Valley companies export their IP to subsidiaries to save on paying high corporate taxes. It's completely legal, but in a scramble for more revenue, regulators and lawmakers are looking to close the loophole.
The easing of restrictions on trade with Cuba may take some time, but trademark attorneys say brand owners should already be taking steps to protect their names and marks—both in Cuba and in the U.S. Read more: http://www.corpcounsel.com/id=1202716852887/Opening-Up-IP-in-Cuba-Get-Your-Trademarks-in-Line#ixzz3RMK82inN
Aereo Inc., the video-streaming service the U.S. Supreme Court ruled last month was violating copyright law by using dime-sized antennae to broadcast television content to subscribers, has spelled out a new plan for its survival, one that ironically uses an argument put forth by the Court. Read more: http://www.corpcounsel.com/id=1202662754793/Aereo-OK-Then-Were-a-Cable-Company#ixzz375aVy5w2
In the last two weeks, plaintiffs lawyer Marc Toberoff has seen his assault on Hollywood over superhero copyrights largely wind down. The heirs of Jack Kirby, the creator of the Hulk, Captain America and other superheroes, settled their long-running dispute with Marvel Entertainment on confidential terms. And the estate of Joe Shuster, who cocreated Superman, lost its bid to be heard by the U.S. Supreme Court, leaving it without copyrights to the superhero. Read more:...
Wielding a patent for commercial text messages, Helferich Patent Licensing LLC has managed to score licensing deals with every major cell phone maker in the market. Helferich also launched a campaign of licensing demands and infringement lawsuits against content providers beginning in 2008, seeking close to $1 million from companies that send hyperlinked texts. Read more:...
The U.S. Patent and Trademark Office Tuesday named Hope Shimabuku, an intellectual property attorney and engineer, as the first director of the PTO’s Texas regional office. Read more: http://www.corpcounsel.com/id=1202744352260/PTO-Names-Texas-Regional-Offices-First-Director#ixzz3tqKLt9sL
Nearly half of the chief IP counsel working in the pharmaceutical and biotech industries who participated in a new survey indicated that their companies are currently involved in patent infringement litigation—and 43 percent said there was a “very high” likelihood that they would file a claim for patent infringement in the year ahead.
When a startup called CarShield was hit with a patent infringement lawsuit, its founders got mad. They also got free representation from students at a Brooklyn Law School clinic...
Online streaming company Aereo Inc. filed for bankruptcy protection last week. But its competitor FilmOn X LLC is still alive and kicking, clashing with the broadcast networks in federal court and pressing the Federal Communications Commission for the right as a web-only video distributor to retransmit broadcast signals. Read more: http://www.litigationdaily.com/id=1202677363695/FilmOn-Fights-On-After-Aereo-Bankruptcy#ixzz3K61cDJEN
Employing one of the new provisions of the America Invents Act, the Electronic Frontier Foundation on Wednesday challenged the so-called “podcasting patent” that one company has asserted against podcasters in order to obtain licensing fees. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202623870819&EFF_Files_for_Inter_Partes_Review_of_Podcasting_Patent#ixzz2hvIIFUsk
For the first time since the U.S. government created it 68 years ago in the wake of World War II, the GI Bill is a registered trademark.
Canada has issued its defense in a $500 million lawsuit brought by Eli Lilly & Co., saying the company is merely a “disappointed litigant” bringing a claim “wholly without merit.” Read more: http://www.corpcounsel.com/id=1202663429904/Canada-Defends-Its-Lily-Patent-Invalidation#ixzz37f4VYDWa
Once in a while, if you cut through the din surrounding smartphone wars, patent trolls and multimillion-dollar patent verdicts, you might recall that U.S. patent law was created to encourage innovation. The system’s origins go back to Article I of the U.S. Constitution, which says Congress is empowered “to promote the progress of science and useful arts.” But a paper written by two economists has concluded that the patent system often has just the opposite effect. Read more:...
Tech companies are shipping their IP overseas to get a tax break. The IRS wants to change that.
The high-stakes battle between Apple Inc. and Samsung Electronics Ltd. that began this week in federal court highlights the steep rise in importance of the design patent.
The Obama Administration's decision on Saturday to veto a looming import ban on some iPhones and iPads was a huge relief for Apple Inc., and a big setback for its arch IP rival, Samsung Electronics Co. It could also weaken the lure of the U.S. International Trade Commission as a venue for picking patent battles, especially in cases involving industrywide technical standards. Read more:...
Carrie Simon moved a decade ago from a successful career at a law firm to become the GC of the International Rescue Committee, an international relief organization, where she's responsible for people's safety and survival.
Legislation introduced last week aimed at curbing patent litigation abuse by so-called “patent trolls” has been well received by the public and by much of the Congress. But in private, many members of the patent bar are wary of Congress making laws that could affect patent litigation, saying it’s a task that should remain in the hands of the judiciary.
Japan's auto makers have quickly shifted strategies in Southeast Asia to weather the financial crisis there, showing how resilient the best of Japan's industry can be despite woes at home.
The Internet’s address system is about to undergo its largest expansion since it was first created in the 1980s—a change that will force companies to do more work and spend more money to protect their brands, lawyers say.
General Motors Corp.'s Saturn division came to Japan last year on a mission -- to disprove the idea that the big three U.S. auto makers don't try hard enough to sell cars here.
THE PALM BEACH POST
Intellectual property lawyers have found their latest target — and it's other IP lawyers.
A coalition of organizations and law schools has launched Trolling Effects, a new online crowdsourcing tool in the fight against patent assertion entities (PAEs), also known as “patent trolls.” Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202613238736&New_Crowdsourcing_Tool_to_Help_Fight_Patent_Trolls#ixzz2af0hwxVM
Thousands of U.S. farmworkers are losing jobs to foreigners as farmers across the country take advantage of a federal program that, until recently, has been used mainly by Florida's sugar industry.
More than five years into its litigation campaign against a gaggle of big retailers, patent plaintiff Alexsam Inc. is still making trouble for defendants in East Texas. On Friday seven retail chains—including Best Buy Co., JC Penney Co., and Barnes & Noble Inc.—failed to convince a federal jury in Marshall that two of Alexsam's patents related to prepaid electronic gift cards are invalid.
The sugar industry has tried to portray itself as a beleaguered group of small family farmers. But a Palm Beach Post analysis of property records shows almost 80 percent of the sugar cane land is owned by 10 landholders.
Many Silicon Valley companies export their IP to subsidiaries to save on paying high corporate taxes. It's completely legal, but in a scramble for more revenue, regulators and lawmakers are looking to close the loophole.
The largest sugar cane landowners in South Florida each own more than 5,000 acres
The United States continues to lead the world in nanotechnology patent applications and grants, and is poised to see a period of exponential growth in the field in the next few years, according to a study by the law firm McDermott Will & Emery.
Intellectual property lawyers have been advising clients to beware the Ides of March as they prepare to implement fundamental changes to U.S. patent law. Beginning March 16, the United States will go to a “first-inventor-to file” patent system, a major change from the “first-to-invent” system that has existed ever since the nation’s patent laws were enacted in 1790. “It’s a big paradigm shift,” said Erica Arner, chair of the patent prosecution practice at Finnegan, Henderson, Farabow,...
The sugar lobby buys its way in farm bill debate
THE NEW YORK TIMES
TOKYO, Sept. 24— Earlier this year, an avid golfer here reportedly offered $3.57 million to buy a membership at the exclusive Koganei Country Club. But, as a sign of the fanatical attachment of the Japanese to the game, no Koganei member was willing, even for that unprecedented sum, to sell.
TOKYO, Sept. 9— In Tokyo, where most people spend at least two hours a day on trains, it is not unusual to see well-dressed commuters listening intently to Walkmans. Like New York's headphoned subway riders, many listen to music. But a growing number are listening to the spoken word.
TOKYO, April 24— In a major department store in downtown Tokyo, shoppers gathered recently around a small display of electronic products. A miniature radio with headphones made in Hong Kong was selling for less than $30 and a portable television set from South Korea for about $93.75.
Mixed Chicks, a small company that makes specialized hair care products for women of mixed race, pulled a David vs. Goliath when it won more than $8 milion in a trademark dispute with a multimillion-dollar beauty supply company.
JP Morgan is banking on Stacey Friedman, a former Sullivan & Cromwell litigation and regulatory partner, to head up the legal team as general counsel of the bank’s recently formed corporate and investment bank division.
Sue Purvis is the nation's first on-campus patent officer, working at the Manhattan campus of CornellNYC Tech as the U.S. Patent and Trademark Office's innovation and outreach coordinator.
In the film Apocalypse Now, Lt. Col. Bill Kilgore boasts, "Charlie don't surf." Neither does Ben Katz. But that didn't stop the 34-year old lawyer from using his IP instincts to get one.
The long-predicted demise of the intellectual property boutique just hasn't happened. Remember, dinosaurs lived for 160 million years.
"It's not right for companies to take what doesn't belong to them," says Gertrude Neumark Rothschild. "If you're an individual -- and especially if you're a woman -- companeis tend not to take you seriously."
Clerking for a judge on the Federal Circuit gives patent lawyers entree to a lifelong network.
The alumni group of former clerks of the U.S. Court of Appeals for the Federal Circuit, the court of appeals for all patent cases nationally, held its annual reunion this fall as usual at the Dolly Madison House, a charming eighteenth-century building adjoining the court on historic Lafayette Square in Washington, D.C. After the official party, many of the former clerks retired to the bar of the nearby Sofitel for more conversation. Sprinkled in the crowd were the chief patent counsel of a...
THE INDUSTRY STANDARD
For the click-to-learn generation, the ethics of hacking, plagiarism and copyrights need to be in the lesson plan.
Online education is getting new competition from the ultimate in old-school industry: Textbook publishers
THE WALL STREET JOURNAL
Adding an inch to every Chinese shirttail never did keep British mills spinning, as textile merchants once dreamed. A century later, the mythic market of the world's most populous land can still disappoint.