Apple-Samsung iPhone patent feud leaves U.S. top court struggling; Reuters, 10/11/16

Andrew Chung, Reuters; Apple-Samsung iPhone patent feud leaves U.S. top court struggling:

"The fierce, big-money patent fight between Apple and Samsung left the U.S. Supreme Court groping for a solution on Tuesday, as the justices puzzled over how to discern the value of individual design elements in a complex product like an iPhone.

The eight justices heard arguments in Samsung's bid to pare back $399 million of $548 million it paid Apple in December following a 2012 jury verdict finding that it infringed Apple's iPhone patents and copied its distinctive appearance in making the Galaxy and other competing devices.

The $399 million penalty stemmed specifically from Samsung's violation of three Apple patents on the design of the iPhone's rounded-corner front face, bezel and colorful grid of icons that represent programs and applications."

The government and the courts are finally getting fed up with patent trolls — and stupid patents; Los Angeles Times, 10/11/16

Michael Hiltzik, Los Angeles Times; The government and the courts are finally getting fed up with patent trolls — and stupid patents:

"Almost nobody disputes that America’s patent system is a mess, or that it’s been that way for an unconscionably long time.

Overworked and misguided patent examiners issue patents for manifestly undeserving claims. An entire industry of patent trolls has sprung up to assemble patent rights and exploit them, not to make products or develop services, but to harass other businesses into paying them off to avoid costlier litigation.

Efforts to reform patenting tend to run into resistance from big businesses, such as the pharmaceutical industry, that long ago figured out how to game the process and are disinclined to give up their advantage. As a result, a system that was written into the U.S. Constitution to encourage invention and innovation has been turned into a “dead weight … on the nation’s economy.”"

Among Pressing Campaign Issues, Don’t Forget About Copyright; Variety, 10/7/16

Ruth Vitale, Variety; Among Pressing Campaign Issues, Don’t Forget About Copyright:

"Last week, CreativeFuture and Copyright Alliance partnered to send an Open Letter to Political Candidates reminding them that copyright drives creativity and innovation.

Over 35,000 signatures from individuals in film, television, music, book publishing, and photography signed the letter. Why is this important? Because it shows that we all understand the need to keep our creative industries healthy, but I don’t believe we say this enough to our political leaders...

The same candidates that come to the creative community also visit the tech communities. As we know, there are strong voices in the tech communities whose view of copyright is the polar opposite of ours – not everyone, but a lot of them. And you can bet your lunch money that when people in the tech community go to campaign events, they take every opportunity to talk about their issues, often, to our detriment. Sure, they talk about other issues, but they make damn certain that candidates come away with a clear understanding of their positions on copyright.

We need to start asking our politicians the important questions that pertain to our livelihoods. Whether you host fundraisers for our leaders or simply attend and donate – we must ask our leaders in Washington, “What do you intend to do to protect my rights as a creative?”"

Hamilton Producers Sue Over Copyright; Playbill, 10/8/16

Adam Hetrick, Playbill; Hamilton Producers Sue Over Copyright:

"Online t-shirt companies SunFrog and GearLaunch are being sued by the producers of Hamilton over copyright infringement. The show’s producers state that the companies have been selling bootleg t-shirts that utilize the show’s logo, according to TMZ.com."

WVU library offers patent, trademark resources; West Virginia Record, 10/7/16

Taryn Phaneuf, West Virginia Record; WVU library offers patent, trademark resources:

"The only official Patent & Trademark Resource Center in the state has been offering its services for nearly 25 years. Recently, it’s become a tool used more frequently by WVU students building businesses involving intellectual property, Marian Armour-Gemmen, the patent and trademark librarian at Evansdale Library, told The West Virginia Record...

The U.S. Patent & Trademark Office has a network of official resource centers all over the country at public, state and academic libraries. It is designed to assist the public, and library staff are trained in using USPTO search tools to find the patent and trademark information. The records have changed over the years — from hard paper copies to microfiche to DVDs to online databases — but the premise is the same, Armour-Gemmen said.

“It’s really important to find a similar patent to your invention,” she said. “No invention stands alone. We don’t live in a vacuum — we’re influenced by somebody. It’s important to find ones that are similar to your invention so you can show how yours is novel.”

The centers are an important resource because of the value of intellectual property. The stakes are high for an inventor or business owner looking to protect their ideas or to avoid infringing on someone else’s — a mistake that can cost a lot of money."

Improving the Trademark Register; Director's Forum: A Blog from USPTO's Leadership, 10/5/16

Guest Blog from Commissioner for Trademarks Mary Boney Denison, Director's Forum: A Blog from USPTO's Leadership; Improving the Trademark Register:

"When selecting a mark for a new product or service, a business will search the USPTO database of registered marks to determine whether a particular mark is available. Registered trademarks that are not actually in use in commerce unnecessarily block someone else from registering the mark.

To ensure the accuracy of our trademark registry, in 2012, the USPTO launched a pilot program to gather data on whether registered marks were actually being used on the products and services listed on their registrations.

During the pilot, in 500 randomly-selected maintenance filings we required the registrant to submit proof of use for two additional items for each class listed on the registration. Although the registrant must submit one example of use per class in a maintenance filing, typically the registration will list multiple products or services for each class.

At the conclusion of the pilot, the USPTO determined that in more than half of the trademark registrations selected, the owner was unable to verify the actual use of the mark for the goods or services queried. This was in spite of the owner having recently sworn under penalty of perjury to such ongoing use as part of the maintenance filing. We issued a report on the results and held a roundtable to discuss the results and next steps. The consensus among roundtable participants was that the results of the pilot program indicated a need for some action to improve the accuracy and integrity of the register. As a result of these findings and input from the trademark community, we are now taking a three-pronged approach to tackling the so-called “deadwood” in our searchable database of registered marks."

Dramatic twists could upend patent battle over CRISPR genome-editing method; Science, 10/5/16

Jon Cohen, Science; Dramatic twists could upend patent battle over CRISPR genome-editing method:

"The 9-month-old patent battle over CRISPR, a novel genome-editing tool that could have immense commercial value, has taken two surprising twists. Last week, attorneys for the Broad Institute in Cambridge, Massachusetts, one of the research organizations vying for CRISPR rights, submitted motions that could let it win even if it loses. And yesterday, a new player in the drama, a French biopharmaceutical company called Cellectis, may have made the whole fight moot, revealing it has just been issued patents that it says broadly cover genome-editing methods, including CRISPR.

The Broad Institute, a marriage between Harvard University and the Massachusetts Institute of Technology, holds 13 CRISPR patents that are under fire from the University of California (UC) and two co-petitioners. This past January, the U.S. Patent and Trademark Office (PTO) said it would review the patent claims in what’s known as an interference proceeding. That has triggered an epic legal battle over CRISPR intellectual property (IP) that centers on the Broad Institute’s issued patents and a patent application from UC that’s still under review."

Suboxone Creator’s Shocking Scheme to Profit Off of Heroin Addicts; Daily Beast, 10/5/16

Christopher Moraff, Daily Beast; Suboxone Creator’s Shocking Scheme to Profit Off of Heroin Addicts:

"The case against Reckitt Benckiser accuses it of “product hopping,” in which a company tweaks its product slightly, often without any actual improvements, and then applies for a new patent with the intent of keeping its market share intact. In Reckitt Benckiser’s case, the product switch was from the orange Suboxone tablets it had been successfully marketing to a new dissolvable film strip that was developed by co-defendant MonoSol RX.

The plaintiffs in the lawsuit say Reckitt Benckiser took product hopping to a nefarious new level by using “feared-based messaging” and “sham science” to illegally subvert the market for Suboxone tablets while aggressively promoting its new film variation, which was introduced in 2010 and is under patent until 2023...

Patent expiration is a conundrum faced by all drug makers and ordinarily it wouldn’t be a terribly big deal for a global monolith like Reckitt Benckiser—which generated more than $2.5 billion in revenue during the first half of 2016 through its ownership of popular brands like Lysol disinfectant, Mucinex cold medicine, and Durex condoms."

U.S. Justice Department Defends Copyright Anti-Hacking Law as "Unquestionably Constitutional"; Hollywood Reporter, 9/30/16

Eriq Gardner, Hollywood Reporter; U.S. Justice Department Defends Copyright Anti-Hacking Law as "Unquestionably Constitutional" :

"The U.S. Department of Justice is demanding an end to a lawsuit that challenges the constitutionality of a law that prevents people from getting around the access restrictions on copyrighted works such as films, television shows and songs.

In July, the Electronic Frontier Foundation led the lawsuit that argues that the anti-circumvention provision of the Digital Millennium Copyright Act (Sec. 1201) inhibits free expression in violation of the First Amendment. The law allows for a triennial review where every three years the Librarian of Congress grants exemptions. For example, in the most recent review, the government made it legal to hack a smart TV to achieve interoperability and also allowed grade school teachers to circumvent access controls on DVDs for educational purposes."

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."

U.S. top court refuses to hear Redskins trademark appeal; Reuters, 10/3/16

Lawrence Hurley, Reuters; U.S. top court refuses to hear Redskins trademark appeal:

"The U.S. Supreme Court on Monday declined to hear an appeal by the Washington Redskins challenging a federal agency's decision to cancel the National Football League team's trademarks after finding the name disparaging to Native Americans.

While the justices refused to hear the team's appeal, the issues it raises are part of another case that the court last week agreed to hear involving the Oregon-based Asian-American rock band The Slants whose bid for trademark protection of its name was denied by the U.S. Patent and Trademark Office.

Both the band and the team have argued that a 1946 federal law barring trademarks on racial slurs violates free speech rights under the U.S. Constitution's First Amendment.

The Supreme Court opted not to hear the Redskins' appeal of a federal judge's ruling in July 2015 that upheld the Patent and Trademark Office's 2014 decision to cancel six trademarks held by the team and provided another victory for Native American activists pressing the franchise to change its name."

Tito's Tacos to change name following trademark tangle; Brattleboro Reformer, 10/3/16

Robert Audette, Brattleboro Reformer; Tito's Tacos to change name following trademark tangle:

"Victoroff requested that the Reformer "immediately remove the aforementioned infringing material from its website, immediately notify the source of the infringing content of this notice, inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to The Brattleboro Reformer News website in the future."

The Reformer has declined to take down the picture on First Amendment grounds.

In a response, Fredric D. Rutberg, the president of New England Newspapers Inc., which owns the Reformer, refused to remove the picture from the Reformer's website.

"The photo in question depicts a local food vendor whose sign identifies his business as Tito's Tacos," wrote Rutberg. "While this use of the name Tito's Tacos may indeed infringe on your client's registered trademark, it is our opinion that the photo in question does not constitute an infringement of your client's trademark. At best it is a 'fair use' of trademarked material."

"Tito's greatly respects your newspaper's First Amendment rights of free speech," Victoroff responded in an email to Rutberg, "but the use of its trademarked name in the [photo and news story] seriously dilutes and erodes its trademark. ... Every day the Tito's Tacos family must defend and protect its trademark rights from death by 1,000 cuts or risk losing its name and trademark.""

Big Week For WIPO Marrakesh Treaty On Access For Visually Impaired; Human Rights Side Under Focus; Intellectual Property Watch, 10/3/16

William New, Intellectual Property Watch; Big Week For WIPO Marrakesh Treaty On Access For Visually Impaired; Human Rights Side Under Focus:

"Prof. Laurence Helfer of Duke University Law School, one of the authors asked by the WBU to draft the implementation guide, said in an interview that the hope is the treaty “will not be seen as only an IP treaty, but also as an agreement that uses copyright to achieve human rights objectives. Marrakesh is thus one of the first treaties that is focused on the public interest side of IP law.”

Fellow guide author Prof. Molly Land, a human rights law professor at the University of Connecticut, said there is a connection between the Marrakesh Treaty and human rights treaties, such as the Committee on the Rights of Persons with Disabilities (CRPD). They are looking at how “ratifying and implementing the treaty is one way that states can fulfil their obligations under these other human rights instruments.”

“At the crossroads of human rights and IP, it’s really important to be able to see the treaty in light of both regimes,” she said. “Both in interpreting it, and also in implementation. States have commitments under both IP treaties and human rights treaties, and the guide is about how states can bring those together in implementation.”"

Libraries, Orphan Works, and the Future of Copyright; Information Today, 10/4/16

Nancy K. Herther, Information Today; Libraries, Orphan Works, and the Future of Copyright:

"Harvard Library recently released a comprehensive literature review on orphan works and copyright in “an attempt to solve the legal complexities of the orphan works problem by identifying no-risk or low-risk ways to digitize and distribute orphan works under U.S. copyright law. The project’s goal is to help clear the way for U.S. universities, libraries, archives, museums, and other cultural institutions to digitize their orphan works and make the digital copies open access.”

The review, “Digitizing Orphan Works: Legal Strategies to Reduce Risks for Open Access to Copyrighted Orphan Works,” was written by David Hansen, clinical assistant professor of law and faculty research librarian at the UNC (University of North Carolina) School of Law. Its goal is to “change the face of the orphan-works problem in the United States.”"

Library offers workshop ‘Copyright and Fair Use for Graduate Students’; University of Delaware, 9/28/16

UDaily Staff, University of Delaware; Library offers workshop ‘Copyright and Fair Use for Graduate Students’ :

"The University of Delaware Library is offering a Nov. 17 workshop on “Copyright and Fair Use for Graduate Students,” which will deal with the practical application of copyright law and its fair use provisions.

Considering copyright at the beginning of the research process will simplify the completion of the degree requirements for graduate students. Attendees will learn why and when copyright is important to scholars – researchers, writers and teachers – and these important skills:

• How to determine when permission is needed to use an excerpt or image;

• How to obtain permission; what to do when permission to use an image or excerpt cannot be obtained; and

• How to evaluate if fair use may be an appropriate defense for your use of material protected by copyright...

The workshop is available at no charge is open to University of Delaware faculty, staff and students."

Thanks to copyright law, Donald Trump Jr.’s controversial Skittles photo is now gone; Boston Globe, 9/28/16

Nicole Hernandez, Boston Globe; Thanks to copyright law, Donald Trump Jr.’s controversial Skittles photo is now gone:

"Copyrights: Even in the digital age, you must respect them.

Donald Trump Jr.’s controversial Skittles image that was tweeted last week has been taken down after a report from the copyright holder, according to a message that now replaces the photo."

Warning: This article on trademarks may include language deemed ‘scandalous, immoral or disparaging’; Washington Post, 9/30/16

Fred Barbash, Washington Post; Warning: This article on trademarks may include language deemed ‘scandalous, immoral or disparaging’ :

"It is a law called the Lanham Act that gives the federal government the power to refuse to register or to cancel trademarks deemed scandalous, immoral or disparaging — let’s call it SIOD for short.

On the basis of that law, the United States Patent and Trademark Office, for example, determined that Redskins, as in Washington Redskins, was SIOD and canceled its trademark...

The primary purpose of the 1905 Trade Mark Act, later reenacted as the Lanham Act in 1946, is twofold, as Carpenter and Murphy wrote in their law review article, “including lessening of consumer search costs and encouraging producers of goods and services ‘to invest in quality by ensuring that they, and not their competitors, reap the reputation-related rewards of that investment,’ thereby protecting consumers from deceptive practices.”...

What is SIOD?

“It is always going to be just a matter of the personal opinion of the individual parties as to whether they think it is disparaging,” said the PTO’s assistant commissioner in 1939, as he explained his own discomfort."

Concept to Commercialization course for Pitt faculty and grad students; University of Pittsburgh, 1/29/16

University of Pittsburgh; Concept to Commercialization course for Pitt faculty and grad students:

"Concept to Commercialization is a course for Pitt faculty and grad students. It will help you learn how to protect your intellectual property, learn about the realities of entrepreneurship, and recognize the commercial potential of a scientific discovery."

Supreme Court Takes Up Case That Could Affect Redskins Trademark; NPR, 9/29/16

Eyder Peralta, NPR; Supreme Court Takes Up Case That Could Affect Redskins Trademark:

"The Supreme Court has decided to hear a case that might decide whether the government can deny Washington's NFL team a trademark because it has deemed the team name is offensive.

The court granted certiorari on Lee V. Tam. If you remember, The Slants, an Asian-American rock band, sued the U.S. Patent and Trademark Office because it refused to trademark their name saying it proved offensive.

In December of last year, the Court of Appeals for the Federal Circuit decided that the band's name was private speech and therefore protected by the First Amendment."

Pitt Innovation Showcase; University of Pittsburgh, 9/28/16

[Press Release] University of Pittsburgh; Pitt Innovation Showcase:

"The Pitt Innovation Showcase is your opportunity to see firsthand the exciting technologies being developed and moved toward commercialization at Pitt. It is also the opening reception for Science 2016.

Please plan on stopping by Alumni Hall on Wednesday, October 19, from 4-7 p.m. to network with Pitt Innovators, investors, entrepreneurs and members of the regional startup community.

The event begins with the Michael G. Wells Entrepreneurial Scholars Lecture that features this year a panel of leading healthcare entrepreneurs and investors who will give a behind-the-scenes look at getting a healthcare innovation from the lab to the market.

This will be followed by the announcement of the winners of the Wells Students Healthcare Competition and the Kuzneski Innovation Cup.

The Opening Reception and Innovation Showcase begin at 5 p.m. in the J.W. Connolly Ballroom, First Floor.

Come and be inspired by the Pitt faculty, students and staff who are working to make their entrepreneurial dreams a reality and make an impact on the world.

Click here to register."

Can You Trademark a Cocktail Recipe?; Daily Beast, 9/27/16

Philip Greene, Daily Beast; Can You Trademark a Cocktail Recipe? :

"One of the most stressful drinks for a bar to put on its menu is one of the simplest: the Dark ‘n Stormy®. It’s certainly not the preparation that causes anxiety—just about anybody can make a serviceable version of this refreshing rum and ginger beer highball—but the brand of rum used can cause trouble.

It’s one of the few drinks (along with the Painkiller®) whose name is actually trademarked. In this case, Gosling’s Rum controls the moniker Dark ‘n Stormy, and if you put the drink on a menu it better be made with that brand of rum. If not, you might just get a cease and desist letter.

This, naturally, raises the question: Why aren’t more bartenders trademarking cocktail names? It’s a simple query with a long answer. Even as a trademark attorney and a cocktail geek, with one foot firmly in each field (well, maybe one is perched on the rail), I find it complicated to untangle."

U.S. man held for allegedly breaching trademark of Tokyo games logo; Japan Times, 9/28/16

Japan Times; U.S. man held for allegedly breaching trademark of Tokyo games logo:

"A U.S. citizen living in southwestern Japan has been arrested for trademark infringement through unauthorized use of a 2020 Tokyo Olympics and Paralympics logo, police said Wednesday.

David Roy Uhlstein, an assistant language teacher in Kumamoto Prefecture, is suspected of having sold five items such as mugs and smartphone cases bearing the logo for the Tokyo campaign to host the Games without the organizing committee’s permission, according to the police...

Uhlstein said he did not know that authorization by the Tokyo Organizing Committee of the Olympic and Paralympic Games was necessary to use the logo, the police said.

Uhlstein printed the logo by downloading it from the internet, attaching it to plain mugs and smartphone cases, and posting the items for sale through his own online store, according to the police."

The man who created the Hamdog is now selling his US patent; CNBC, 9/28/16

Matt Clinch, CNBC; The man who created the Hamdog is now selling his US patent:

"Following a week of intense media attention, the man who created a new food that merges a hot dog and a hamburger has decided to auction off his intellectual property rights.

The Hamdog was invented in 2004 by Mark Murray, who lives in Perth, Australia. He successfully applied for patents in the U.S., but after his story went viral last week, has decided to "pass it onto an entity that has the criteria required to roll it out in America.""

"Phonebooks"; Pearls Before Swine, GoComics, 9/28/16

Stephan Pastis, Pearls Before Swine, Go Comic; "Phone Books" :

[Kip Currier: Yesterday in my IP and "Open" Movements course, I was talking about the landmark U.S. Supreme Court copyright case, Feist Publications v. Rural Telephone Service Co. (involving discussion of whether the White Pages and Yellow Pages phone books were "original" works subject to copyright protection), and checked with my students to make sure everyone knew what a "phone book" was. They did. Timely seeing this "Pearls Before Swine" comic strip today.]

STRANGER THINGS GETS BUFFY-STYLE CREDITS IN FAN VIDEO; Comic Book Resources, 9/26/16

Jacob Hill, Comic Book Resources; STRANGER THINGS GETS BUFFY-STYLE CREDITS IN FAN VIDEO:

"Considering its heavily ’80s-influenced tone, YouTuber Tony Harley decided to re-style “Stranger Things” with one of the most iconic opening sequences of the 1990s — the title sequence of “Buffy the Vampire Slayer.” It makes sense as both are stories about kids struggling against a strange supernatural threat and both star awesome ladies with three-part names. Millie Bobby Brown takes the place of Sarah Michelle Gellar as the lead-in character, while Winona Ryder gets the place of honor at the end of the credits — a place held by “Anthony Stewart Head as Giles” and later “Alyson Hannigan as Willow”."

Commemorating Five Years of the America Invents Act; USPTO Director's Forum Blog: Guest Blog by Dana Robert Colarulli, Director of the Office of Governmental Affairs, 9/26/16

USPTO Director's Forum Blog: Guest Blog by Dana Robert Colarulli, Director of the Office of Governmental Affairs; Commemorating Five Years of the America Invents Act:

"We’ve come a long way in five years. The Leahy-Smith America Invents Act (AIA), signed in 2011 by President Obama, modernized the U.S. patent system and, as a result, helped strengthen America’s competitiveness in the global economy. Together with our stakeholders, the USPTO sought to implement the act consistent with the intent of Congress to increase certainty in our nation’s intellectual property (IP) landscape and enable the brightest ideas and most ambitious endeavors in the world to come to light...

The USPTO has delivered on that promise by reducing the patent application backlog by nearly 30 percent from its high in early 2009, speeding up examination including introducing a fast track option with discounts for small entities, and leveraging the increased financial stability and fee setting authority provided by the act to reinvest user fees into increasing quality under Director Lee’s Enhanced Patent Quality Initiative.

And just this week, the USPTO and the Economics & Statistics Administration at the Department of Commerce released an updated report on the impact of IP on the U.S. economy, reiterating in quantifiable terms the importance of a well-functioning IP system."

Las Vegas NHL team files trademark applications for Silver Knights, Desert Knights and Golden Knights nicknames; IPWatchdog, 9/26/16

Steve Brachmann, IPWatchdog; Las Vegas NHL team files trademark applications for Silver Knights, Desert Knights and Golden Knights nicknames:

"A series of 12 trademark applications filed by Black Knight Sports and Entertainment, LLC, the consortium which owns the new NHL franchise, with the U.S. Patent and Trademark Office gives us a good idea of the three team nicknames which have made it to the final round of consideration. According to these trademark applications, the NHL team in Las Vegas will take one of the following names: Silver Knights, Golden Knights or Desert Knights. Interestingly, the Las Vegas franchise cannot use Knights by itself as the team will play in Canada and the Canadian rights to that name are held by the London Knights of the Ontario Hockey League...

A search of trademarks held by other NHL teams shows that the Las Vegas franchise will likely apply for many more trademark protections after a team nickname is officially announced. The Pittsburgh Penguins, the NHL’s reigning Stanley Cup Champions, have filed 64 trademark applications with the USPTO, 41 of which have resulted in registered trademarks and 40 of which are still live whether they’re registered or still in the application phase."

Reuters via New York Times; Divided U.S. Supreme Court Turns to Less Sensitive IP Cases, 9/21/16

Reuters via New York Times; Divided U.S. Supreme Court Turns to Less Sensitive IP Cases:

"Shorthanded and ideologically divided, the U.S. Supreme Court has yet to take up any cases on politically sensitive social issues in its new term starting in October, instead showing a keen interest in more technical cases of importance to business such as disputes over intellectual property.

In addition to four intellectual property cases it has already agreed to hear, the court could as soon as next week take up a trademark battle that pits an Asian-American rock band and the Washington Redskins football team against the U.S. Patent and Trademark Office.

Later in the year, the court could take up a quirky copyright fight between a woman and a record company over a video she posted online of her toddler son dancing to a Prince song...

It is not unusual for the court to take up a handful of intellectual property (IP) cases among the 70 or so it selects for oral argument but this year there is a greater incentive than ever because they are often decided by unanimous or lopsided votes.

(Graphic on the Supreme Court's handling of intellectual property cases: http://tmsnrt.rs/2cZmi4S)"

Apple's new patent proposes a way to eliminate 'butt dialing' once and for all; Digital Trends, 9/24/16

Kyle Wiggers, Digital Trends; Apple's new patent proposes a way to eliminate 'butt dialing' once and for all:

"From the boneheadedly pragmatic to the wildly impractical, Apple’s patents run the gamut of usefulness, but one of the newer patents filed by the Cupterino, California-based company falls squarely in the latter category. On Thursday, the U.S. Patent and Trademark Office published an Apple filing, titled “detecting stowing or unstowing of a mobile device,” that presents a solution for the infamous “butt call” to which absentminded cellphone users too often fall victim...

There’s no certainty it’ll ever see the light of day, of course. (Patents aren’t a particularly reliable indicator of forthcoming features.) And Apple is notorious for filing applications that tend more toward the whimsical than feasible — last week, the iPhone maker patented “bleached sulfate” shopping bags with “rough and dull … [finishes].” But the idea of tapping the contextual prowess of smartwatches isn’t a new one, and is perhaps simple enough to implement in an over-the-air software update. Who knows: next time you inadvertently sit on your shiny new iPhone, it might just know who not to butt dial."

White House expanding open data initiatives; FedScoop, 9/21/16

Samantha Ehlinger, FedScoop; White House expanding open data initiatives:

"The Obama administration has big plans to improve its open data — particularly around contracting data, data on foreign aid and data to aid development.

In a series of new commitments announced Tuesday to further expand its third Open Government National Action Plan, the administration calls for increased engagement with contracting officers to discuss data quality and accessibility, and directs the Small Business Administration and Treasury Department to "reach out to small business owners to better understand what types of contracting data are most useful to them.”"

Apple patents bold new innovation – a paper bag; Guardian, 9/20/16

HAL 90210, Guardian; Apple patents bold new innovation – a paper bag:

"Apple has patented remotely disabling iPhone cameras. It’s patented Gear VR-style headsets, and watch-controlled photography. It’s even patented the sliding function to unlock the phone – deceased as of iOS 10 – and the concept of a phone with a bezel and rounded edges.

Now it’s gone one step further, and applied to patent a paper bag."

Professor analyzing decades of data to determine patent value; University of Kansas, 8/30/16

University of Kansas; Professor analyzing decades of data to determine patent value:

"For more than two centuries, patents have been considered a key governmental policy tool for economic innovation. And for just as long numerous assumptions have been made about what they mean to an innovation’s value, where the most important ones are litigated and numerous other questions. A University of Kansas law professor is part of a project that is providing definitive answers to these and other patent questions for policy makers through a unique, big-data approach.

Andrew Torrance, the Earl B. Schurtz Research Professor at the University of Kansas School of Law, and colleagues have developed an approach to analyze mountains of detailed U.S. patent data from 1976 to the present day. One application of their research, commissioned by Canada's Ministry of Innovation, has been a comprehensive analysis of how patents having either Canadian inventors or owners compare with those without such connections. One of their most striking findings is that patents listing at least one Canadian inventor are more than 15 percent more valuable, on average, than other patents."

Redskins, rock band battle government in trademark fight; Washington Post, 9/19/16

Sam Hananel, Washington Post; Redskins, rock band battle government in trademark fight:

"Simon Tam has openly criticized the Washington Redskins team name as a racist slur that demeans Native Americans.

But Tam and his Asian-American rock band, The Slants, find themselves on the same side as the NFL franchise in a First Amendment legal battle over trademark protection for names that some consider offensive. The Supreme Court could decide as early as this month whether to hear the dispute involving the Portland, Oregon-area band. And if the football team has its way, the justices could hear both cases in its new term. At issue is a constitutional challenge to a law barring the U.S. Patent and Trademark Office from registering trademarks that disparage minority groups. The office denied a trademark to the Slants in 2011 after finding the name disparaged people of Asian descent.

McGregor beaten to the punch as 'IP squatter' files trademark claim; Irish Independent, 9/18/16

Simon Rowe, Irish Independent; McGregor beaten to the punch as 'IP squatter' files trademark claim:

"Tabassum Gazala Khan has gone on a spending spree since July in an apparent bid to acquire valuable commercial IP linked to the UFC star.

Ms Khan spent €3,150 applying for an EU trademark for 'Conor McGregor The Notorious' - just days after shelling out Stg£500 (€590) on three UK trademark applications for 'The Notorious Conor McGregor', 'Conor The Notorious McGregor' and 'Conor McGregor The Notorious'. She has also registered the following websites: conormcgregor thenotorious.com, conorthenotoriousmcgregor.com and thenotoriousconormcgregor.net

The EU trademark application covers 17 classes of IP, which would enable Ms Khan to cash in on McGregor's name on products including aftershave, computer games, mugs and beer.

Legal experts predict McGregor will apply immediately to have the application declared invalid on the basis of 'bad faith'."

Swatch succeeds in trademark case over Apple 'iWatch'; BBC, 9/13/16

BBC; Swatch succeeds in trademark case over Apple 'iWatch' :

"The UK's Intellectual Property Office (IPO) upheld Swatch's opposition, which was filed in March 2014...

"This decision shows the difficulty global brands can have when it comes to launching a new product around the world," said Sharon Daboul, a trademark lawyer at law firm EIP.

"Trademarks are territorial, which means that a trademark must be available for registration in every country of interest."

Not being able to secure the iWatch trademark around the world would have been a "key factor", Ms Daboul added, in Apple's decision not to use the name for its smartwatch."

Oprah Winfrey beats 'Own Your Power' trademark appeal; Reuters, 9/16/16

Jonathan Stempel, Reuters; Oprah Winfrey beats 'Own Your Power' trademark appeal:

"Oprah Winfrey, the media mogul and former talk show host, on Friday defeated an appeal in a trademark lawsuit over her use of the phrase "Own Your Power" in her namesake magazine and on television, websites and social media.

The 2nd U.S. Circuit Court of Appeals in Manhattan said the plaintiff, Simone Kelly-Brown, a motivational speaker and business coach, and her company, Own Your Power Communications Inc, did not show that Winfrey's use of "Own Your Power" confused people.

The court also said the phrase "Own Your Power" was "not distinctive" and thus lacked independent trademark protection.

Kelly-Brown registered a "design mark" for "own your power" in a stylized light-blue script with the U.S. Patent and Trademark Office in May 2008."

Revised IP/copyright policy being readied; University Times, 9/15/16

Kimberly K. Barlow, University Times; Revised IP/copyright policy being readied:

"A proposed new intellectual property and copyright policy is expected to be ready for faculty review next month.

Jennifer E. Woodward, associate vice provost for research operations, told the University Senate research committee last week that an IP/copyright policy would be in the hands of the chancellor and provost this week.

“Unless they have an issue with it, we anticipate it going very soon then through the faculty review process,” she said, adding that it’s possible that the draft policy could be on the Senate research committee’s Oct. 7 agenda.

A provost’s committee headed by Vice Provost for Research Mark Redfern (www.policyreview.pitt.edu) has been working for more than a year to revise University policies (see March 3 University Times) to help faculty work with outside partners and translate their research more effectively.

Woodward said that the draft policy covers both patent and copyright policy issues. “They’ve been woven in a way that one policy speaks appropriately to both,” she said."

Commemorating the Lanham Act’s 70th; Politico, 9/14/16

Li Zhou, Politico; Commemorating the Lanham Act’s 70th:

[Kip Currier: I attended this reception recognizing the 70th year since the signing of the 1946 Lanham Act (the U.S. federal trademark statute). In highlighting the benefits of the trademark system, the speakers raised some powerful points about the impacts of counterfeit goods--such as Sen. Chuck Grassley's example of implantable medical devices--on public health and safety. Earlier in the day, at the "American Bar Association's Intellectual Property Law 4th Annual Trademark Day: Behind the Scenes at the USPTO", a speaker raised the similarly chilling example of counterfeit ball bearings in commercial airplanes. Compelling cases for ensuring product quality and brand authenticity and identification.]

"The U.S. Chamber of Commerce’s Global Intellectual Property Center will present framed copies of the 70-year-old federal trademark law to the co-chairs of the Congressional Trademark Caucus: Sens. Chuck Grassley (R-Iowa) and Chris Coons (D-Del.), and Reps. Suzan DelBene (D-Wash.) and Randy Forbes (R-Va.)."

Patent chief tells lawmakers ‘time and attendance fraud is not tolerated’; New York Times, 9/13/16

Lisa Rein, Washington Post; Patent chief tells lawmakers ‘time and attendance fraud is not tolerated’ :

"U.S. Patent and Trademark Office Director Michelle K. Lee told lawmakers Tuesday that she and her team “do not tolerate any kind of attendance abuse” and promised that employees who commit fraud are disciplined...

A 15-month analysis by Deputy Inspector General David Smith’s office of thousands of patent examiners’ turnstile badge swipes, computer logins and remote computer connections from their homes to federal systems showed consistent discrepancies between the time employees reported working and the hours they actually put in.

This time and attendance abuse cost the government at least $18.3 million, as employees who review patent applications billed the agency for almost 300,000 hours they never worked, investigators found."

Fixing why USPTO issues low-quality patents should be oversight hearing's focus; The Hill, 9/13/16

Julie Samuels, The Hill; Fixing why USPTO issues low-quality patents should be oversight hearing's focus:

"Today, the House Judiciary Committee is holding a Patent Office oversight hearing. It promises to include a headline-grabbing discussion of a recently released report showing abuses of the Patent Office’s telework program. It would be a serious missed opportunity if that conversation distracts the Committee from talking about what really matters: why the Patent Office issues low-quality patents and what can be done to fix it.

The Patent Office’s primary job is, not surprisingly to administer the patent system. This is not a small job—the Office has a staff of nearly 10,000 people and it grants approximately 350,000 patents a year. Each of these represents a 20-year monopoly, so it is crucial that the patents are of the highest quality. If they’re not, they can be quite dangerous, especially if they end up in the hands of a patent troll.

In fact, the U.S. Government Accountability Office (GAO) recently released a report finding some things we already knew, namely, that low-quality patents lead to more patent litigation and that the less time patent examiners are able to dedicate to a patent application, the more likely they are to turn that application into a patent."

The Strange Case of Off-Patent Drug Price Gougers; Bloomberg, 9/9/16

Justin Fox, Bloomberg; The Strange Case of Off-Patent Drug Price Gougers:

"There’s a conflict at the heart of pharmaceutical pricing in the U.S.: On the one hand, it’s in the public’s interest for pharma companies to get a good return on the huge investments they often make in developing new drugs. On the other, it’s in the public’s interest to be able to afford those drugs.

We try to resolve this by granting companies temporary monopolies (aka patents) on the drugs they develop -- letting them effectively set the price unilaterally -- but then allowing competition from generic substitutes once the patents expire...

What’s going on, basically, is that a new breed of pharmaceutical company has emerged (Valeant is, or at least was, the archetype) that doesn’t develop drugs but identifies business opportunities in existing drugs --many of them with expired patents -- that the previous owners were too lazy or timid or decent to fully exploit. So they acquire them, and jack up the prices."

Facebook, LinkedIn and Twitter prevail in database patent appeal; Reuters, 9/12/16

Reuters; Facebook, LinkedIn and Twitter prevail in database patent appeal:

"A federal appeals court on Friday knocked out all of the parts of two database search patents that were challenged at the U.S. Patent and Trademark Office by social media sites Facebook, LinkedIn and Twitter."

Yahoo on the hunt for patent thieves; New York Post, 9/9/16

Claire Atkinson, New York Post; Yahoo on the hunt for patent thieves:

"“There are three things you say when someone tells you that you are infringing on a copyright,” the source said. “Your patents are invalid; the patents may be invalid and if they’re not, then sue me; or let’s talk about a number.”

Yahoo hired Black Stone IP to help it sell about 3,000 patents that cover a range of technologies including online payment services, mobile messaging, data mining and behavioral ad targeting.

The patent trove, called Excalibur, is attracting interest from several tech players, including Amazon, Salesforce and Microsoft, the source said."

Minnesota winery owner helps breeders patent their unique plants and potables; In Forum, 9/10/16

Vicki Gerdes, In Forum; Minnesota winery owner helps breeders patent their unique plants and potables:

"[Penny] Aguirre became a student at the fledgling Plant Molecular Genetics Institute, working under Professor Alan Smith, and eventually earned her master's degree in horticulture...

That passion for plants brought her to Santa Barbara, Calif., where she took a job as general manager at PlantHaven, a small, independent agency that worked to introduce new plant cultivars into the North American market—plants developed by breeders from all over the world.

"Part of that job was writing plant patents," Aguirre says.

Eventually, she became knowledgeable enough about that part of the job that she decided to take the patent bar exam and become a registered U.S. patent agent. "It's the same bar exam that legal students take to become patent attorneys," Aguirre said. "If you have a bachelor's degree in one of the sciences, take the exam and pass, at that point you are a registered patent agent."

Though most patent agents specialize in design or utility patents, Aguirre made the relatively unusual choice of specializing exclusively in patenting plants...

Plant patenting mostly involves writing a lot of very detailed descriptions—"every leaf, every stem, every stamen, every pistil," she said, noting that there are often very minute differences between plant varieties...

For more information about Aguirre's plant patenting business, please visit www.biologicalpatentservices.com."

Ray Kurzweil: Accelerating Tech Is Making Old Intellectual Property Laws Obsolete; Singularity Hub, 9/8/16

[Video] Singularity Hub; Ray Kurzweil: Accelerating Tech Is Making Old Intellectual Property Laws Obsolete:

"As technology and innovation move faster and faster, concerns over ownership and access continue to increase. In answer to a question at a Singularity University event, Ray Kurzweil suggested we need to rethink intellectual property laws to more realistically match today’s pace.

Intellectual property laws from the 19th century were envisioned with roughly 20-year cycles, he said, which was enough to give you a head-start on a new idea or invention and attract funding to see it through. But how relevant is a 20-year cycle today when a generation of technology can come and go in a year—and even that is set to speed up?

Attracting investment and capital is a critical function of intellectual property law. But the way things are currently structured, intellectual property laws are falling behind the pace of invention."

It Gets Better: U.S. Patent and Trademark employees share their stories; U.S. Patent and Trademark Office, 6/25/15

[Video] U.S. Patent and Trademark Office; It Gets Better: U.S. Patent and Trademark employees share their stories:

[Kip Currier: While prepping for a patent lecture for my Intellectual Property and "Open" Movements course next week, I serendipitously found this inspiring "It Gets Better" video from 2015, featuring USPTO Director Michelle K. Lee and openly LGBT employees in the USPTO.]

"“Do not let the bullies of the world distract you from the commitment to achieve your fullest potential,’ says USPTO Director Michelle K. Lee in this video featuring stories from our employees, “It does get better.”"

The US Copyright Office is the poster child for regulatory capture; Boing Boing, 9/8/16

Cory Doctorow, Boing Boing; The US Copyright Office is the poster child for regulatory capture:

"Public Knowledge's new report, Captured: Systemic Bias at the US Copyright Office makes a beautifully argued, perfectly enraging case that the US Copyright Office does not serve the public interest, but rather, hands out regulatory favors to the entertainment industry.

Starting from the undeniable evidence that the easiest way to get a senior job at the Copyright Office is to hold a senior job in a giant entertainment company first (and that holding a senior Copyright Office job qualifies you to walk out of the Copyright Office and into a fat private sector gig as an entertainment exec), the report documents the numerous instances in which the Copyright Office has said and done outrageous things, and grossly misinterpreted the law, leading in many cases to being slapped down by the courts."

Trade secret law: A brief guide for in-house counsel; Inside Counsel, 8/18/16

Ben Berkowitz, Briggs Matheson, Inside Counsel; Trade secret law: A brief guide for in-house counsel:

"What information does trade secret law protect?

Forty-seven states have adopted some form of the Uniform Trade Secrets Act (“UTSA”), with New York, Massachusetts, and North Carolina as the only exceptions. Under the UTSA, there is a two-prong test for determining whether information may be subject to trade secret protection. First, trade secret information must be information that “derive[s] independent economic value” from not being publicly known (See, e.g., Cal. Civ. Code § 3426.1(d)). That is, the information is valuable because it is a secret that others, including competitors, do not possess. Second, the information must be “the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” (Id.) “The determination of whether ‘reasonable efforts’ have been taken is quintessentially fact-specific,” and “‘depends on a balancing of costs and benefits that will vary from case to case.’” (Rockwell Graphic Systems, Inc. v. DEV Industries, Inc.) “Reasonable efforts” may include adopting confidentiality policies, entering into non-disclosure agreements, and establishing digital and physical security infrastructure. (Religious Tech. Ctr. Netcom On-Line Commc’n Servs.)"

Trade Secret Protection Blocks Sick Samsung Workers From Data; Claims Journal, 8/12/16

Youkyung Lee, Claims Journal; Trade Secret Protection Blocks Sick Samsung Workers From Data:

"An Associated Press investigation has found South Korean authorities have, at Samsung’s request, repeatedly withheld from workers and their bereaved families crucial information about chemicals they were exposed to at its computer chip and liquid crystal display factories. Sick workers are supposed to have access to such data through the government or the courts so they can apply for workers’ compensation from the state. Without it, government officials commonly reject their cases.

The justification for withholding the information? In at least six cases involving 10 workers, it was trade secrets. Court documents and interviews with government officials, workers’ lawyers and their families show Samsung often cites the need to protect trade secrets when it asks government officials not to release such data.

“Our fight is often against trade secrets. Any contents that may not work in Samsung’s favor were deleted as trade secrets,” said Lim Ja-woon, a lawyer who has represented 15 sick Samsung workers."

'Moonshot' cancer panel calls for US to create national research database; Guardian, 9/7/16

Amanda Holpuch, Guardian; 'Moonshot' cancer panel calls for US to create national research database:

"The Cancer Moonshot Blue Ribbon Panel report said the recommendations, if implemented, “will transform our understanding of cancer and result in new opportunities to more effectively prevent and treat the disease”.

The 10 recommendations include existing programs that need more funding – such as research to update guidelines for patient symptom control – and brand new initiatives including a human tumor database to monitor and analyze multi-dimensional cell behavior...

But the funding necessary to fulfill these recommendations has not been approved by Congress despite lobbying by the Obama administration, which said it hoped to spend $1bn on the program."