Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

Category Archives: Patent and Trademark

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 controlled unclassified information (CUI) designed to replace the more than 100 ad hoc system maintained by agencies across government to control – critics say over-control — information. In consultation with more than 150 government entities, NARA has come up with a list of 22 categories and 85 subcategories that are considered CUI under the law. These include copyright and patent information, personally identifiable information, raw census data, intelligence and law enforcement data, and information systems vulnerabilities. These are maintained in NARA’s CUI Registry. A proposed rule expected to be put out for comment in the Federal Register in August will established uniform policies for the safeguarding, sharing, marking and release of CUI. New policy will also clarify the relationship between CUI safeguards and decisions to consider documents ineligible for release under the Freedom of Information Act. This will build on existing NARA guidance says that, “CUI markings and designations should not be associated with or paired to FOIA exemptions and should not be used as a basis for applying a FOIA exception.”

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

New on LLRX – On the Legal Importance of Viewing Genes as Code

Via LLRX.com – On the Legal Importance of Viewing Genes as Code – On June 13, 2013 the Supreme Court issued its opinion in the much–awaited Myriad case, which challenged the validity of patents on isolated human genes. The Court held that the isolated genetic sequences claimed in Myriad’s patents did not satisfy the inventiveContinue Reading

PLUS Registry – Find and contact artists, rights-holders, licensors, licensees and archives

“The PLUS Registry is an online resource developed and operated cooperatively by a global Coalition of all communities engaged in creating, using, distributing and preserving images. Search the Registry to find rights and descriptive information (“metadata”) for any image, and to find current contact information for related creators, rights holders and institutions. Register for aContinue Reading

ACLU – Association for Molecular Pathology v. Myriad Genetics

“On May 12, 2009, the ACLU and the Public Patent Foundation (PUBPAT) filed a lawsuit charging that patents on two human genes associated with breast and ovarian cancer, BRCA1 and BRCA2, are unconstitutional and invalid. On November 30, 2012, the Supreme Court agreed to hear argument on the patentability of human genes [via SCOTUSblog]. TheContinue ReadingContinue Reading

An Empirical Study of Use of Legal Scholarship in Supreme Court Trademark Jurisprudence

Simpson, Derek A. and Petherbridge, Lee, An Empirical Study of the Use of Legal Scholarship in Supreme Court Trademark Jurisprudence (March 23, 2013). Cardozo Law Review, Vol. 35. Available at SSRN “Although the usefulness of law review and law journal articles to the decisional lawmaking process is a topic that has captured the imagination ofContinue Reading

A look behind the scenes at the Google news retrieval algorithm

Frederic Filloux, guardian.co.uk: “Its official blog merely mentions “6 billion visits per month” sent to news sites and Google News claims to connect “1 billion unique users a week to news content” [see The press, Google, its algorithm, their scale]…But how exactly does Google News work? What kind of media does its algorithm favour most?Continue Reading