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Category Archives: Patent and Trademark

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. This article is the first to focus on one type of patent troll – the formerly manufacturing entity. These patent trolls used to make or do something in commerce, but now derive all or a significant portion of their income through licensing their intellectual property. Using case study analysis, this article demonstrates that formerly manufacturing entities do not impose the harms associated with patent trolls more broadly and, in fact, provide unique benefits for commercialization of new technologies. Specifically, formerly manufacturing entities do not “sneak up” on manufacturing companies, waiting for them to invest extensively in a technology before seeking a license; rather, the technology and the patents are already out in the open, having been practiced by the patent troll. Further, because formerly manufacturing entities have already worked to commercialize the technology, they are in a much better position to assess its value, as well as the costs and risks associated with bringing it to market. We should recognize the benefits formerly manufacturing entities add to commercialization and ensure that potential patent reform measures and judicial solutions to the patent troll problem are carefully drawn not to do more harm than good.”

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

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