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Category Archives: Patent and Trademark

Patent Law: A Primer and Overview of Emerging Issues

CRS report via FAS – Patent Law: A Primer and Overview of Emerging Issues, September 21, 2017
“In an increase over prior terms, the Supreme Court of the United States issued six opinions involving patent law during its October 2016 Term. These decisions addressed issues ranging from patent exhaustion, multi component products, and bio similar patents to procedural issues like venue and the statute of limitations for infringement claims. The growing number of Supreme Court opinions involving patent law over the past decade may also speak to the rising importance of intellectual property more broadly; a reportedc84% of the S&P 500 Market Value in 2015 is ascribed to intangible assets. With this increased attention on patent law, an understanding of patent law and the cases issued during the High Court’s recently concluded term will likely be of interest to Congress. The patent law regime in the United States is grounded in the U.S. Constitution itself; article I, section 8, clause 8 of the Constitution provides: “The Congress Shall Have Power… To promote the Progress of Science and useful Arts, by securing for limited Times to… Inventors the exclusive Right to their respective… Discoveries.” Nonetheless, the rights associated with patents do not arise automatically. Rather, to obtain patent protection, the Patent Act of 1952 requires inventors to apply with the U.S. Patent and Trademark Office (PTO).”

Apple employs former intel agents to squelch product and tech leaks

William Turton, The Outline – Leaked recording: Inside Apple’s global war on leakers – Former NSA agents, secrecy members on product teams, and a screening apparatus bigger than the TSA. “A recording of an internal briefing at Apple earlier this month obtained by The Outline sheds new light on how far the most valuable company… Continue Reading

New on LLRX – Competitive Intelligence – A Selective Resource Guide – Updated June 2017

Via LLRX – Sabrina I. Pacifici has completely revised and updated her guide, which she first published in 2005 and has updated yearly since that time. A wide range of free sites with expertly sourced content specific to researchers focused on business, finance, government data, analysis and news from the US and around the world,… Continue Reading

EFF – Supreme Court Victory for Case in Right to Refill Printer Cartridge

EFF – “The Supreme Court struck a blow today [PDF] for your right to own the things you buy, reversing a lower court decision that had given patent owners the power to sue customers who paid in full for a patented item but then used it in a way the patent owner didn’t care for.… Continue Reading

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… Continue Reading

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