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Category Archives: Patent and Trademark

EFF – Supreme Court Ends Texas Grip On Patent Cases

Daniel Nazer – EFF: “Today the Supreme Court issued a decision that will have a massive impact on patent troll litigation. In TC Heartland v. Kraft Foods, the court ruled that patent owners can sue corporate defendants only in districts where the defendant is incorporated or has committed acts of infringement and has a regular and established place of business. This means that patent trolls can no longer drag companies to distant and inconvenient forums that favor patent owners but have little connection to the dispute. Most significantly, it will be much harder for trolls to sue in the Eastern District of Texas.”

Court of Appeals opinion – Google is not a generic name

Elliott v. Google, United States Court of Appeals for the Ninth Circuit, No. 15-15809 D.C. No. 2:12-cv-01072-SMM – OPINION, May 16, 2017. “The panel affirmed the district court’s summary judgment in favor of Google, Inc., in an action under the Lanham Act, seeking cancellation of the GOOGLE trademark on the ground that it is generic.… Continue Reading

Recent Developments in Patent Law (Spring 2017)

Lemley, Mark A. and Laupheimer, Madeleine and Yoon, James, Recent Developments in Patent Law (Spring 2017) (April 27, 2017). Available at SSRN: https://ssrn.com/abstract=2959553 “This paper summarizes the significant developments in patent law in the twelve months ending in April 2017. “ Continue Reading

SCOTUS hears arguments on patent rights and refilling printer cartridges

Gizmodo – Supreme Court Printer Cartridge Case Could Be the Citizens United of Products “It’s an obscure case that hasn’t received a ton of attention as it has made its way to the Supreme Court but the final verdict could set off a cascade of consequences in the world of consumer products. This week, oral… Continue Reading

POGO – Trump’s Trademarks Pose Ethics Challenge for the Executive Branch

POGO – “Last week, President Trump’s campaign committee filed a legal complaint against a textile manufacturer in South Carolina for applying to trademark the use of “Make America Great Again” on bath towels, bed blankets, and pillow cases. The complaint was brought before a panel called the Trademark Trial and Appeal Board (Trademark Board), a… Continue Reading

Paper – Challenge Restraints and the Scope of the Patent

Hovenkamp, Erik, Challenge Restraints and the Scope of the Patent (November 8, 2016). Available for download at SSRN: https://ssrn.com/abstract=2866630 “Patent rights are not the only important legal entitlements conferred by the Patent Act. It also vests “challenge rights” in third parties, permitting them to challenge granted patents as invalid or uninfringed, and potentially clearing a… Continue Reading

FTC Report Sheds New Light on How Patent Assertion Entities Operate

“A new Federal Trade Commission report spotlights the business practices of patent assertion entities (PAEs), firms that acquire patents from third parties and then try to make money by licensing or suing accused infringers.  The report includes several recommendations for patent litigation reforms. “This report is a big step forward in enhancing our understanding of… Continue Reading

GAO – Patent Office Has Opportunities to Further Improve Application Review and Patent Quality

Intellectual Property: Patent Office Has Opportunities to Further Improve Application Review and Patent Quality, GAO-16-883T: Published: Sep 16, 2016. Publicly Released: Sep 16, 2016. “U.S. Patent and Trademark Office (USPTO) examiners face a variety of challenges in reviewing patent applications and issuing high quality patents. Some challenges affect examiners’ ability to complete a thorough review… Continue Reading

CRS – Stealing Trade Secrets and Economic Espionage

Stealing Trade Secrets and Economic Espionage: An Overview of the Economic Espionage Act, Charles Doyle, Senior Specialist in American Public Law. August 19, 2016. “Stealing a trade secret is a federal crime when the information relates to a product in interstate or foreign commerce, 18 U.S.C. 1832 (theft of trade secrets), or when the intended… Continue Reading

Final Report of the Berkeley Center for Law & Technology Patent Damages Workshop

Graham, Stuart J.H. and Menell, Peter S. and Shapiro, Carl and Simcoe, Timothy, Final Report of the Berkeley Center for Law & Technology Patent Damages Workshop (August 15, 2016). Texas Intellectual Prfoperty Law Journal, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2823658 “The determination of patent damages lies at the heart of patent law and policy,… Continue Reading

The Federal Circuit Rules on Trademarks Considered Offensive

CRS Reports & Analysis Legal Sidebar – The Federal Circuit Rules on Trademarks Considered Offensive: May Affect Redskins Trademark Dispute. August 4, 2016. “Two separate cases involving the revocation of the Washington Redskins’ federally registered trademarks (Pro-Football, Inc. v. Blackhorse) and the refusal to grant registration for a rock band’s name (In re Tam) raise… Continue Reading

GAO Reports – Patent Office Audits

Intellectual Property: Patent Office Should Define Quality, Reassess Incentives, and Improve Clarity, GAO-16-490: Published: Jun 30, 2016. Publicly Released: Jul 20, 2016: “GAO found that district court filings of new patent infringement lawsuits increased from about 2,000 in 2007 to more than 5,000 in 2015, while the number of defendants named in these lawsuits increased… Continue Reading