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Category Archives: Patent and Trademark

Lawsuits by Retired NFL Players Cause Jump in Trademark Filings

Transactional Records Access Clearinghouse: “The latest available data from the federal courts show that during September 2014 the government reported 705 new trademark lawsuits. This number is up 145 percent over the previous month and up 32.2 percent from a year ago. Most of the increase appears to be due to cases filed by retired football players who alleged that the NFL used their likenesses to generate income without their permission or compensation. Over 450 such cases were filed in district court in Minnesota in September, more than all trademark lawsuits in any month in the last five years.Relative to population, Minnesota led the nation with 86.8 trademark lawsuits filed per one million people, compared with 2.2 such cases filed per million for the United States as a whole. Second was the Southern District of Florida with 3.0 suits per million, followed by Nevada with 2.9 per million. For the full report, including a five-year timeline and top district rankings, go to: http://trac.syr.edu/tracreports/civil/367/

Law Firm Copying and Fair Use: An Examination of Different Purpose and Fair Use Markets

Jones, D. R., Law Firm Copying and Fair Use: An Examination of Different Purpose and Fair Use Markets (September 29, 2014). South Texas Law Review, Vol. 56, No. 2, 2014 – Forthcoming; University of Memphis Legal Studies Research Paper No. 144. Available for download at SSRN: http://ssrn.com/abstract=2503089 “In several recent lawsuits, publishers sued law firms forContinue Reading

Patent Citations and Stock Performance: Constructing a Dynamic Industry Classification

Gay, Sebastien and Karger, Ezra, Patent Citations and Stock Performance: Constructing a Dynamic Industry Classification (September 15, 2014). Available for download at SSRN: http://ssrn.com/abstract=2496414 “Researchers in academia and the private sector use industry classifications to compare growth across and between industries, to construct industry indices, and to control for industry-level correlations of stocks over time. ButContinue Reading

Open Intellectual Property Casebook

“Duke’s Center for the Study of the Public Domain is announcing the publication of Intellectual Property: Law & the Information Society—Cases and Materials by James Boyle and Jennifer Jenkins. This book, the first in a series of Duke Open Coursebooks, is available for free download under a Creative Commons license. It can also be purchased in a glossy paperback printContinue Reading

Formerly Manufacturing Entities – Piercing the ‘Patent Troll’ Veil

Osenga, Kristen Jakobsen, Formerly Manufacturing Entities — Piercing the ‘Patent Troll’ Veil (August 5, 2014). Connecticut Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2476556 “Everyone hates patent trolls, those companies that “hijack somebody else’s idea” and use the patents to “extort some money” from companies that actually make things. But not all patent trolls are created equal.Continue Reading

New NIST guidance planned as part of federal info policy

Adam Mazmanian via FCW.com: “Government officials can get ready to toss out their “For Official Use Only” stamps under a pending rule that would standardize how the government marks and stores information that is deemed sensitive but is not classified. The National Archives and Records Administration is leading the charge for a new policy on controlledContinue Reading

Restatement of Place

Kuykendall, Mae, Restatement of Place (May 2, 2014). Brooklyn Law Review, Vol. 79, 2014; MSU Legal Studies Research Paper No. 12-09. Available at SSRN: http://ssrn.com/abstract=2432212 “Images and intuitions of place are ubiquitous in human thought. Dominion over place is one of the first anchors of the conception of law, providing a rationale for sovereign control overContinue Reading

The USPTO Trademark Assignment Dataset: Descriptions, Lessons, and Insights

Graham, Stuart J. H. and Marco, Alan C. and Myers, Amanda F., The USPTO Trademark Assignment Dataset: Descriptions, Lessons, and Insights (April 1, 2014). USPTO Working Paper No. 2014-2. Available at SSRN: http://ssrn.com/abstract=2430962 “Attention to the asset value of intellectual property (IP) has traditionally concentrated on high-value patent sales and licenses. This narrow focus neglects non-patentContinue Reading

New on LLRX – 3D Printing: The Manufactory of Knowledge

Via LLRX.com – 3D Printing: The Manufactory of Knowledge – Ken Strutin’s article addresses the increasing use and impact, social and legal, of the emerging and high visibility technology known as 3D printing. The technology’s use in a wide range of sectors – including education, manufacturing, firearms, robotics and medical devices, as well as in the home – isContinue Reading

Federal Innovation Policy: The Current Context and Some Possible Changes

“CBO Director Doug Elmendorf spoke on September 30, 2013 at a conference on “Federal Tax Policy and Entrepreneurship” sponsored by the Kauffman Foundation and hosted by the Tax Policy Center at the Brookings Institution. [His] presentation explored a wide array of possible changes in federal policy that might bolster innovation, including increased spending on research and development, increased support forContinue Reading

Predatory Patent Litigation

Predatory Patent Litigation. Erik N. Hovenkamp, Northwestern University Department of Economics. August 5, 2013. “Despite their extensive experience in patent litigation, the most litigious patent assertion entities (PAEs) fair relatively poorly in court. These firms commonly file dubious infringement claims on which they are ostensibly very likely to lose money if litigated to judgment. ItContinue Reading

Presentation – The Race to the Patent Office – the Impact of the America Invents Act

The Race to the Patent Office – the Impact of the America Invents Act – “The America Invents Act (Patent Reform Act) went into effect on 16 March 2013.  It switched the U.S. patent system from “first to invent” to “first to file” and is the most significant change to the system in nearly 60Continue Reading