Showing posts with label patent law. Show all posts
Showing posts with label patent law. Show all posts

Friday, April 20, 2018

33rd Annual ABA Intellectual Property Law Conference, April 18-20, 2018

33rd Annual ABA Intellectual Property Law Conference, Arlington, Virginia


[Kip Currier: The April 19th Conference sessions I attended were outstanding. Particularly thought-provoking was the "Ethical Issues in Emerging Technology" session, with panelists discussing legal, ethical, and policy implications of Wearable Technologies (e.g. FitBits), 3D Printers, and Autonomous Vehicles.

I'll be posting some highlights and photos from the sessions in the next few days.]

Friday, April 20

6:30 am – 7:45 am
LGBT Diversity Run/Walk
7:30 am – 5:00 pm
Registration • Print Café • Sponsors
8:30 am – 10:00 am
Patent: Standards Essential Patent & the Internet of Things
8:30 am – 10:00 am
Trademark/Ethics: Ethical Issues in Trademark Practice
8:30 am – 10:00 am
Copyright: International Copyright Transactions
10:15 am – 11:45 am
Patent: State of Subject Matter Eligibility Law: Its Impact on the Incentive to Innovate
10:15 am – 11:45 am
Trademark: The Dark Side of Knockoffs
10:15 am – 11:45 am
Copyright: Fair Use or Not Fair Use, that is the Question
12:00 pm – 1:30 pm
Women in IP Law Luncheon
1:45 pm – 3:15 pm
Specialty: Canada: More than Just Justin Trudeau
1:45 pm – 3:15 pm
Trademark: Current State of the Dilution Doctrine - TamImpact
1:45 pm – 3:15 pm
Copyright: Music Licensing 101: Understanding the Basics
3:30 pm – 5:00 pm
Patent/Ethics: Current Trends and Ethical Implications in IP Monetization and Litigation Financing
3:30 pm – 5:00 pm
Specialty: DarkNet: Enter at Your Own Risk
3:30 pm – 5:00 pm
Specialty: Preserving Attorney Client Privilege When Your Clients Go Global

Thursday, April 19, 2018

33rd Annual ABA Intellectual Property Law Conference, April 18-20, 2018

33rd Annual ABA Intellectual Property Law Conference, Arlington, Virginia



[Kip Currier: 1st full day of this year's American Bar Association Intellectual Property Law Conference. Lots of intriguing sessions to choose from...case in point, the 10:15 AM slot has two concurrent ones I want to attend--Trademark/Ethics: Ethical Issues in Emerging Technology and Copyright: Copyright Law and Policy Developments.

I'm also attending the Mark T. Banner luncheon today, featuring Simon Tam of the band The Slants and his legal team, who last year won a major federal trademark law case, Matal v. Tam (previously Lee v. Tam), involving so-called disparaging trademarks. The case presented potentially significant implications for free speech and economic interests. Tam and his band spoke as part of a very thought-provoking panel at Duquesne University last April, before the U.S. Supreme Court had announced its decision in June 2017. The Slants prevailed, in a unanimous decision.

I talked with Tam after the April 2017 panel about the case and he insisted on having his bandmates sign the band's poster I'd purchased.

It will be interesting to hear thoughts from the various parties a year later, regarding post-Matal v. Tam implications...]


Thursday, April 19
7:00 am – 5:00 pm
Registration • Print Café • Sponsors
7:15 am – 8:30 am
Conference Connections
New Members • First-Time Attendees • Young Lawyers
8:30 am – 10:00 am
Patent: Impact of Heartland on District Court Litigation
8:30 am – 10:00 am
Trademark: From the Practitioners' Perspectives: Managing Discovery in Trademark Cases: TTAB vs. Federal Court
8:30 am – 10:00 am
Copyright/Social Media: #Ad Disclosures
10:15 am – 11:45 am
Patent: Ask the Office: Hot Topics with the USPTO Commissioner for Patents
10:15 am – 11:45 am
Trademark/Ethics: Ethical Issues in Emerging Technology
10:15 am – 11:45 am
Copyright: Copyright Law and Policy Developments
12:00 pm – 1:30 pm
Mark T. Banner Award Luncheon
Honoring Simon Tam and his legal team during a special presentation.
1:45 pm – 3:15 pm
Patent: Coming Together: Worlds Apart
1:45 pm – 3:15 pm
Trademark: Proving a Negative: Best Practices for Prosecuting and Defending Non-Use Abandonment Proceedings in the US & Abroad
1:45 pm – 3:15 pm
Copyright: The Right of Publicity
3:30 pm – 5:00 pm
Specialty: Growing Your Start-Up IP Practice
3:30 pm – 5:00 pm
Trademark/Copyright: Fictional Characters in 3D
3:30 pm – 5:00 pm
Specialty/Ethics: Multijurisdictional Practice and the Modern Ethical IP Attorney

Wednesday, April 11, 2018

More Patent Trolls Are Targeting Startups. Here's What You Can Do.; Entrepreneur, April 10, 2018

Nathaniel Borenstein, Entrepreneur; More Patent Trolls Are Targeting Startups. Here's What You Can Do.

"Startups aren't typically founded by lawyers, so patent law isn't usually a front line issue for them. But I've come to realize that patent protection is at best No. 11 on the top 10 list of things for startups to focus on -- something they generally understand is important, but not quite important enough. Part of that is because the headlines focus on big lawsuits lobbed at big companies, which creates a false sense of security. As an inventor and a computer scientist with 25-plus years of practical experience, I'd like to think I've navigated the murky, complicated world of patents and come out on the other side wiser and more informed. And, as such, there is something I want entrepreneurs, inventors and early-stage businesses to know. Yes, you are a potential target for patent trolls, and yes, there is something you can do about it. Today."

Wednesday, February 21, 2018

Patenting the Future of Medicine: The Intersection of Patent Law and Artificial Intelligence in Medicine; Lexology, February 14, 2018

Finnegan, Henderson, Farabow, Garrett & Dunner LLP - Susan Y. Tull, Lexology; Patenting the Future of Medicine: The Intersection of Patent Law and Artificial Intelligence in Medicine

"Artificial intelligence (AI) is rapidly transforming the world of medicine, and the intellectual property directed to these inventions must keep pace. AI computers are diagnosing medical conditions and disorders at a rate equal to or better than their human peers, all while developing their own software code and algorithms to do so. These recent advances raise issues of patentability, inventorship, and ownership as machine-based learning evolves."

Merck Falls After $2.54 Billion Gilead Verdict Is Tossed; Bloomberg, February 20, 2018

Susan Decker and Christopher Yasiejko, Bloomberg; Merck Falls After $2.54 Billion Gilead Verdict Is Tossed

"Merck & Co. fell after a federal judge tossed a record $2.54 billion verdict it had won against Gilead Sciences Inc. over a hepatitis treatment.
A federal jury in 2016 had said that Gilead owed Merck 10 percent of the sales of its Sovaldi and Harvoni hepatitis C drugs. District Court Judge Leonard Stark in Wilmington, Delaware, agreed Friday with Gilead’s argument that the Merck patent was invalid...
The verdict was the largest patent-infringement verdict in U.S. history, dwarfing the next biggest, a $1.67 billion verdict won by Johnson & Johnson against Abbott Laboratories that was later thrown out on appeal, according to data compiled by Bloomberg.
The case is Idenix Pharmaceuticals LLC v. Gilead Sciences Inc., 14-846, U.S. District Court, District of Delaware (Wilmington)."

Thursday, February 15, 2018

Drafting Quality Patents Avoiding §112 Rejections at the USPTO; LexisNexis Webinar on February 22, 2018 at 12 Noon ET

LexisNexis Webinar on February 22, 2018 at 12 Noon ET: 



"The value of a patent, for better or worse, is related to the likelihood that it could be successfully defended against challenges. In the past, it was believed that there was safety in numbers. Today, the focus is on quality patents, not the quantity of patents.

The requirements of §112 have become the linchpin in modern patent practice. Whether you are trying to define an improvement over the prior art to satisfy the Alice-Mayo patent eligibility test, or you need to carefully describe an innovation to overcome obviousness hurdles, filing a well-crafted, completed and vetted specification is mandatory.

Join presenters Gene Quinn, founder of IPWatchdog.com, Joseph Root, founder of QualiPat and Dave Stitzel, IP Solutions Consultant on February 22 at 12:00 PM ET for a free webinar. They will discuss best practices for filing a robust application to avoid §112 rejections and associated problems."

Tuesday, February 6, 2018

Andrei Iancu Named US Patent And Trademark Office Director; Intellectual Property Watch, February 6, 2018

Dugie Standeford, Intellectual Property Watch; Andrei Iancu Named US Patent And Trademark Office Director

"By a vote of 94-0, the United States Senate on 5 February confirmed California intellectual property litigator Andrei Iancu as next director of the US Patent and Trademark Office (USPTO)."

Friday, August 11, 2017

Mercedes-Benz patents exterior airbags for pedestrians; AL.com, August 11, 2017

William Thornton, AL.com; Mercedes-Benz patents exterior airbags for pedestrians

"A new filing through the U.S. Patent and Trademark Office reveals that Mercedes-Benz has developed an exterior airbag for pedestrians...

The Drive speculates that this technology is similar to some employed by Volvo but left undeveloped. In addition, companies apply for patents to protect intellectual property that might never be used."

Mayo prevails in patent case, but legal fight isn't over; Star Tribune, August 10, 2017

Joe Carlson, Star Tribune; Mayo prevails in patent case, but legal fight isn't over

"Mayo Clinic has successfully invalidated the patent on a method of diagnosing a rare autoimmune disorder, handing the Minnesota health system a legal victory against one of the largest private lab companies in the U.S."

Wednesday, August 9, 2017

Podcast patent ruled invalid by court; BBC, August 8, 2017

BBC; Podcast patent ruled invalid by court

"A company that charged others for uploading video and audio content on to their own websites has had its podcast patent invalidated by a US court.
The Electronic Frontiers Foundation (EFF) argued that Personal Audio LCC had "not invented anything new" when it acquired the patent in 2012.
Building up patent libraries to aggressively pursue others for payments while making few if any products of one's own is sometimes referred to as "patent trolling"."

Saturday, August 5, 2017

Brush Yourself Off And Try Again: An Invention Story; NPR, August 4, 2017

Joe Palca, NPR; Brush Yourself Off And Try Again: An Invention Story

"We told the story of MD Brush in 2014. At that point, it had taken seven years to go from the idea for a new toothbrush to an actual product: seven years of designs, redesigns, re-redesigns, manufacturing obstacles, marketing stumbles and website crashes. When our story aired in August 2014, a production run of 100,000 MD Brushes was underway at a factory in Vietnam.

But not long after the first shipment arrived in the U.S., they ran into the dental industrial complex. One of the big toothbrush companies filed suit against them, accusing them of patent infringement."

Thursday, August 3, 2017

What to do if you’re accused of patent infringement; Utah Business, August 2, 2017

Katherine A. Hamer and Nathan E. Whitlock, Utah Business; What to do if you’re accused of patent infringement

"Just as you are looking forward to the weekend, you receive a cease-and-desist letter accusing your company of patent infringement. Or, worse, you receive a summons and complaint. You have been sued. There goes the weekend.

As CEO, CTO or in-house lawyer, you may have only cursory experience with patents. It never occurred to you that what you sell could have been patented by others. And, until now, you had never heard of the company that owns the patent. What do you do?

Remember that anything you put in writing, other than to your lawyers, is potentially discoverable. So be careful of that email you are writing that says “looks like we might infringe.” Don’t write anything you wouldn’t want to see on the front page of The New York Times.

What you will need is the advice of an experienced team of patent attorneys. But first understanding something preliminarily about the patent, your risks and your options, will make it easier to have a productive discussion with your attorneys."

Tuesday, August 1, 2017

Intellectual Property 101: What Your Business Needs To Know About Patent Law; Forbes, July 13, 2017

Art Neill, Forbes; Intellectual Property 101: What Your Business Needs To Know About Patent Law

Co-author Teri Karobonik contributed to this post*

"Patents often seem more mysterious than copyrights and trademarks. Everyone has read a book that has copyright notices attached to it, and you encounter trademark protected consumer products every day. You may even have your own brand as a business owner.
But patents, because they involve the type of nonobvious inventions inside the computers we use to read our books and inside the factories where those consumer products are made, may seem harder to conceptualize.
Because patent protection always requires formal registration (in the United States), and because patent applications generally require experienced lawyers to create them (and lots of money to file them), there are good reasons why some inventors and entrepreneurs decide to forgo patent protection altogether. That said, it’s important to understand how patents can affect your startup or your new product.

Existing patents may hinder your ability to create certain products without a license, while filing your own patents could create another revenue stream to capitalize on your new invention.
In this third part of this four part series (see part 1 on Copyright and part 2 about Trademark law), we’ll break down another of the 4 main types of intellectual property (Patent) and explain:
  • what patents protect;
  • how patent protection is granted;
  • whether registration is required,
  • when you should apply for a patent, and if you’ll need help from an attorney to it;
  • how long patent protection lasts;
  • what rights you are granted if you do qualify for patent protection."

Monday, July 24, 2017

US Patent Office Issuing Cannabis Patents To A Growing Market; Forbes, July 24, 2017

Julie Weed, Forbes; US Patent Office Issuing Cannabis Patents To A Growing Market

"Can cannabis plants being [sic] patented?

Yes, this is presently a small area of activity, but may also represent opportunity. Plants can be patented in two ways, by way of “utility patents” (like 95% of all patents) or by way of a separate “plant patent” category. Utility patents are much stronger; plant patents are narrowly focused on a single “parent” plant and its direct descendants. By my count, there are currently only 5 US plant patent cases (4 pending applications, 1 issued patent), and 11 utility plant-directed patent cases (8 pending applications, 3 issued patents). Two companies are currently the main players in plants: the plant-focused Biotechnology Institute (Los Angeles CA) has 3 issued patents as well as 2 pending applications, and GW Pharmaceuticals (UK) has two plant-focused applications. GW is notable for having the largest cannabis-directed portfolio (80+ US cases) of all companies in the space, and is particularly focused on methods of treating diseases."

Tuesday, June 27, 2017

REMINDER re Free Webinar: Understanding Patent Basics: Law Librarians Bringing Added Value June 28, 2017, 2 PM ET


As a law librarian you serve a wide array of lawyers so you may not have a background specific to patent law. Many law librarians feel they could be more productive if they could better communicate in patent attorney "speak" and may feel awkward in asking for definitions of basic patent terminology.

As part of our efforts to offer on-going support to law librarians, LexisNexis IP Solutions is offering a crash course in basic patent concepts to help you better communicate with your colleagues.

Join us for this informative webinar which will demystify patent terminology and review basic concepts. The presenters will discuss:
  • Common terms in patent law, such as "What is a provisional patent application?"
  • What patents lawyers are looking for in terms of help from their law librarians relevant to common concepts.
  • Why research related to each of these terms, or concepts, are important in the area of patent prosecution.
  • Q&A to answer those questions you have been meaning to ask.

    Sign up today! We will provide slides from the webinar to all registrants.

    The presenters are Amantha Allen, User Experience and Professional Development Manager, LexisNexis® IP Solutions and Megan McLoughlin, Product Director, LexisNexis PatentAdvisor® 

Wednesday, June 7, 2017

Webinar: Understanding Patent Basics: Law Librarians Bringing Added Value June 28, 2017, 2 PM ET

As a law librarian you serve a wide array of lawyers so you may not have a background specific to patent law. Many law librarians feel they could be more productive if they could better communicate in patent attorney "speak" and may feel awkward in asking for definitions of basic patent terminology.

As part of our efforts to offer on-going support to law librarians, LexisNexis IP Solutions is offering a crash course in basic patent concepts to help you better communicate with your colleagues.
Join us for this informative webinar which will demystify patent terminology and review basic concepts. The presenters will discuss:
  • Common terms in patent law, such as "What is a provisional patent application?"
  • What patents lawyers are looking for in terms of help from their law librarians relevant to common concepts.
  • Why research related to each of these terms, or concepts, are important in the area of patent prosecution.
  • Q&A to answer those questions you have been meaning to ask.

    Sign up today! We will provide slides from the webinar to all registrants.

    The presenters are Amantha Allen, User Experience and Professional Development Manager, LexisNexis® IP Solutions and Megan McLoughlin, Product Director, LexisNexis PatentAdvisor® 


Saturday, May 27, 2017

Jury Rules With School in Fight Over California Strawberries; Associated Press via New York Times, May 24, 2017

Associated Press via New York Times; 

Jury Rules With School in Fight Over California Strawberries


"A renowned strawberry researcher in California broke patent law and violated a loyalty pledge to his former university by taking his work with him to profit from it in a private company, a jury in San Francisco decided Wednesday.

Professor Douglas Shaw formed his own research firm with others after retiring from the University of California, Davis, where for years he had overseen the school's strawberry breeding program, developing a heartier and tastier fruit.

Jurors in the federal court decided that he used seeds developed at UC Davis without gaining the university's permission."

Thursday, May 11, 2017

How to Patent Your Business Idea: A Step by Step Guide; Small Business Trends, May 11, 2017

Due.com, Small Business Trends; 

How to Patent Your Business Idea: A Step by Step Guide


"Throughout history, ingenious and innovative ideas have been copied, or outright stolen. Guglielmo Marconi is credited with inventing the radio, even though it originated from Nikola Tesla. Nowadays it’s easy for a business owner to patent a great idea.
Robert Fulton took the idea for the steamboat engine from John Fitch. Lizzie Magie invented the board game “Monopoly” in 1903, but it was patented by Clarence B. Darrow in the 1930s. Even Apple has been accused of stealing ideas from Google, Microsoft, and Samsung.
Instead of letting another party run away with your great ideas and make a fortune, you need to protect your ideas from the get-go."

Monday, November 7, 2016

Want Your Marijuana Startup to Succeed? Study Patent Law; Wired, 11/5/16

Mason Marks, Wired; Want Your Marijuana Startup to Succeed? Study Patent Law:
"...[M]any players in the legal marijuana industry are skeptical of the patent system. Some view patents as an ugly instrument of big business linked to over-priced drugs and other abuses. At a recent event for cannabis entrepreneurs in San Francisco, marijuana growers, manufacturers, and retailers gathered to discuss the current state of their industry. At one point the conversation turned to patent law. Many participants expressed anger and disbelief at the notion of patenting cannabis technology. One attendee stood up and exclaimed, “At least you can’t patent plants! They are part of nature!” But her assertion was incorrect. There is no prohibition against patenting plants and other living organisms. In fact, nearly any invention can be patented as long as it meets a few basic requirements—and surprisingly, being legal under federal law is not one of them...
Whether you approve of cannabis patents or not, they are taking root in this multi-billion dollar industry. The upcoming votes and changing regulatory landscape will likely help them grow. To be fully prepared, anyone entering the cannabis industry should learn the fundamentals of patent law."

Tuesday, October 4, 2016

Here's Why Software Patents Are in Peril After the Intellectual Ventures Ruling; Fortune, 10/3/16

Jeff John Roberts, Fortune; Here's Why Software Patents Are in Peril After the Intellectual Ventures Ruling:
"Software Patents as a Threat to Free Speech
Friday’s ruling is also significant because Judge Mayer eschews the insider baseball language that typically dominates patent law, and addresses patents in the broader context of technology and government monopolies.
Pointing out that intellectual property monopolies can limit free speech, Mayer notes that copyright law has built-in First Amendment protections such as “fair use” and that patent law must include similar safeguards. He suggests that the safeguard comes in the form of a part of the Patent Act, known as “Section 101,” which says some things—including abstract ideas—simply can’t be patented in the first place."