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IPWatchdog 08/19/2019 12:30
On August 7, the U.S. Court of Appeals for the Eleventh Circuit affirmed a jury verdict from the U.S. District Court for the Northern District of Georgia finding a landlord liable for contributory trademark infringement . The jury ruled for Plaintiffs Luxottica Group, LLC and Oakley, Inc., holding that Defendants Airport Mini Mall, LLC (AMM); Yes Assets, LLC; Chienjung (Jerome) Yeh; Donald Yeh; Jenny Yeh; and Alice Jamison were liable for contributory trademark infringement under the Lanham Act for allowing their subtenants to sell counterfeit goods that infringed the plaintiffs' trademarks.
IPWatchdog 08/19/2019 07:15
Too often, engineering companies are in such a race to come up with the next big thing that they forget to consider the crucial step following their grand discoveries or inventions: patent protection. If a business is willing to spend years developing products and a considerable amount of money marketing, then it only makes sense to follow through and protect the accomplishment. Yet, many (unintentionally) don’t. Below are five risky ways tech companies often jeopardize their intellectual property rights, sometimes even before a product has been developed.
IPWatchdog 08/18/2019 12:15
The Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) has had a sordid history. Whether you are in favor of the PTAB allowing serial challenges that require patent owners to constantly fight dozens of petitions from a multitude of challengers or not, no one can or should excuse the PTAB from the egregious appearance of impropriety that continues to plague the institution. It is insulting and inappropriate. It is well past time for Director Iancu to put an end to Administrative Patent Judges (APJs) deciding petitions filed by former clients. We know direct conflicts where APJs are deciding petitions filed by former clients are still happening thanks to two orders entered on August 8, 2019 in IPR201.
IPWatchdog 08/17/2019 12:15
A hashtag is a useful way to promote your brand on social media platforms such as Twitter, Facebook, and Instagram. When the name of a brand, a tagline or catchphrase is hashtagged in a post, other users of the platform can find the hashtag easily by simply searching for that particular tag. It's become an essential part of every brand's social media marketing strategy. It can be used to attract new customers and engage with them. IP Australia updated the Australian Trade Marks Office Manual of Practice and Procedure in 2016 to include a definition for a hashtag and offers some guidelines for businesses to follow. It also lists examples of what could be seen as ambiguous cases, which you can look at to see if they could also relate to the e.
IPWatchdog 08/16/2019 13:15
This week in Other Barks & Bites: The Federal Circuit has asked USPTO Director Andrei Iancu to brief the appellate court on deference that should be paid to precedential PTAB opinions; China announced that it will create a credit rating mechanism for patent agents; Russ Slifer Op-Ed revives 101 debate; the FCC will approve the proposed T-Mobile/Sprint merger; amicus briefs filed at the Supreme Court support the abrogation of state sovereign immunity against copyright claims; Nintendo ramps up copyright campaign against YouTube accounts using video game music; Guns N’ Roses settles trademark dispute over craft beer brand; and copyright troll entity Malibu Media faces investor lawsuit.
IPWatchdog 08/16/2019 07:15
The Federal Circuit recently reversed the District of Minnesota’s denial of summary judgment and held claims related to paper check processing invalid under 35 U.S.C. § 101. Despite the claims being directed to processing “physical” checks, the Court held that “the abstract idea exception does not turn solely on whether the claimed invention comprises physical versus mental steps.” The Court also reasserted that novelty and/or non-obviousness does not obviate ineligibility under Section 101. See Solutran, Inc. v. Elavon, Inc., Nos. 2019-1345, 2019-1460, 2019 U.S. App. LEXIS 22516 (Fed. Cir. July 30, 2019) (Before Chen, Hughes, and Stoll, Circuit Judges) (Opinion for the Court, Chen, Circuit Judge).
IPWatchdog 08/15/2019 18:15
Perhaps the report on China's strategy for eclipsing the U.S. lead in biopharma from the Information Technology & Innovation Foundation (ITIF) resonated so strongly with me because of several articles in The Wall Street Journal. Taken together, they present a sobering picture of what we're up against. The first was a book review of "Leadership and the Rise of Great Powers" by Yan Xuetong, a prominent Chinese professor. Characterized as "a window into Chinese elite thinking about the world; it is as much a political manual as an international-relations text book." The thesis is the inevitable rise of China as the world's dominant power at the expense of the United States.
IPWatchdog 08/15/2019 12:15
Last week, the Patent Trial and Appeal Board (PTAB) issued 23 institution-phase decisions in inter partes review (IPR) proceedings, resulting in 14 IPR institutions and nine IPR denials. Two of the instituted IPRs were brought by Facebook, which is seeking to invalidate claims of a photo tagging patent asserted against it in district court by Blackberry. Apple saw two of three IPRs instituted against Firstface, but the consumer tech giant was still successful in challenging claims from both of the fingerprint authentication patents it was seeking to invalidate. Apple also saw two successful IPR institutions against Nartron after failing in a series of petitions challenging the same patent.
IPWatchdog 08/15/2019 06:15
Upon receipt of the fateful “love” letter from its fictitious IP client, the fictitious law firm was speechless—momentarily. Feeling aggrieved and misunderstood, and yet hopeful that their relationship could be saved with an added measure of TLC (top-tier legal counseling), the firm summoned up the courage to prepare this reply letter. In an act of contrition (or maybe vindication?), the firm has taken the bold step of publishing it on IPWatchdog. Note to commenters habitually fed up with clients large and small: This one’s for you.
IPWatchdog 08/14/2019 17:15
Just over 18 months ago, Andrei Iancu assumed control of the United States Patent and Trademark Office (USPTO). As the Director of the USPTO, Iancu has changed the tone of the conversation over patents in America. During President Obama’s second term the USPTO became aggressively anti-patent and anti-innovator. The speeches, policies and inaction of Director Michelle Lee led innovators and observers to correctly claim that the Obama Administration had come to champion the viewpoints of infringers, not the technology innovators. Director Iancu changed that almost overnight. Where Director Iancu has failed, however, is with respect to the Patent Trial and Appeal Board (PTAB). With great fanfare, Director Iancu created a Precedential Opinion P.
IPWatchdog 08/14/2019 12:15
Alternatives to patent litigation are desirable now more than ever. Arbitration can help to resolve patent disputes more easily than the much more complex, expensive and timely endeavor of Patent Trial and Appeal Board (PTAB) proceedings. Patent litigators must deal with an overly complex Inter Partes Review (IPR) system as a result of the Supreme Court’s SAS Institute v. Iancu (138 S. Ct. 1348 2018) decision, new amendment process, and evolution of the “broadest reasonable interpretation” standard. Costly and complicated PTAB proceedings and a lengthy appellate process make arbitration an appealing option to obtain a patentability ruling in a streamlined manner. Below are the top 10 reasons that arbitration can be a better route to follow
IPWatchdog 08/14/2019 06:15
The U.S. Court of Appeals for the Second Circuit issued a decision in an appeal from the U.S. District Court for the Southern District of New York last Thursday that in part clarified that "a plaintiff prosecuting a trademark infringement claim need not in every case demonstrate actual consumer confusion to be entitled to an award of an infringer’s profits."
IPWatchdog 08/13/2019 12:30
The Supreme Court’s 2014 decision in Alice v. CLS Bank made it significantly more difficult to obtain patents for some computer-related technologies. it is, at best, questionable whether court decisions since then have been coherent and consistent. Similarly, marked variation has been observed across art units and across post-Alice time periods as to how examiners are applying Section 101. However, the U.S. Patent and Trademark Office’s (USPTO’s) 2019 Patent Eligibility Guidance added some much-needed clarity and predictability as to how eligibility of computer-related patent applications is being assessed at the agency. Our previous research focused on the effect that Alice and Electric Power Group had on examination trends in computer-rel.
IPWatchdog 08/13/2019 07:15
When a patent or trademark applicant loses in front of the U.S. Patent and Trademark Office (USPTO), they can either appeal to a court of appeals or develop a fuller record by starting a district court action. If the applicant goes to district court, then the applicable statute says that the applicant-appellant pays “[a]ll the expenses of the proceedings,” and everyone at one time agreed that those expenses did not include fees for the government’s attorneys. That changed in 2013, when the USPTO unilaterally started including its attorney and support staff fees amongst the expenses. On the first Monday of October—the first day of arguments in the Supreme Court’s 2019 term—the Court will hear argument in Peter v. NantKwest, No. 18-801. The q.
IPWatchdog 08/12/2019 17:15
The decision came down to two technologies for detecting and correcting noise in signals transmitted over the air for 5G—one of the most fundamental features for wireless communications. Scientists and engineers in 2016 vigorously debated for months which one was technologically superior and most efficient. China had lined up Chinese companies’ and allies’ votes behind the “polar codes” technology led by Huawei. Ultimately, the technology that had broader technical support would share a role in the 5G standard with Huawei’s preferred polar coding. But the heightened political battle in a traditional technical arena was unprecedented. This incident highlights a growing threat. “China has politicized the standards-making process,” the Center
IPWatchdog 08/12/2019 13:17
On August 7, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in TCL Communication v. Telefonaktiebolaget LM Ericsson, an appeal stemming from an action for declaratory judgment filed by TCL in the Central District of California. Among the various aspects of the district court proceedings being examined on appeal are the fair, reasonable and non-discriminatory (FRAND) rates set by the court for Ericsson’s standard essential patent (SEP) portfolio for cellular technology as well as whether the court abused Ericsson’s Seventh Amendment rights by entering a release payment based on factual issues that weren’t tried by a jury.
IPWatchdog 08/12/2019 06:15
The New York office of Arent Fox LLP is seeking a patent staff attorney or agent with at least 3 years of experience in patent preparation, drafting and prosecution, preferably in the software/electrical technologies. Candidates must possess a 4 year degree in computer science, electrical engineering or physics. Membership to the Patent Bar is required. Candidates must possess strong writing skills, excellent academic credentials, and a desire to excel in a law firm environment. Undergraduate transcripts are required. Arent Fox LLP is an Equal Opportunity/Affirmative Action Employer.
IPWatchdog 08/11/2019 12:15
The case of Celgene Corp. v. Peter, Nos. 2018-1167 et al. (Fed. Cir. July 30, 2019) has drawn attention for its decision that inter partes review (IPR) may be applied to invalidate pre-AIA patents without running afoul of the Fifth Amendment's prohibition of taking property without just compensation. Matthew Rizzolo and Kathryn Thornton, among others, have addressed the constitutional aspects of the decision. I will address the lesser issues decided by the Federal Circuit panel before it could reach those constitutional aspects. In particular, the Federal Circuit panel upheld the Patent Trial and Appeal Board's (PTAB's) conclusion that the claims in question were obvious. And, perhaps focusing upon the sparkling constitutional issue, the pa.

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