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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… Continue Reading

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

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

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