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IPO Daily News™

Friday, 12 January 2018 8:16 am

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* EMPLOYMENT AGREEMENT INSUFFICIENT TO TRANSFER PATENT INTERESTS

Advanced Video Techs. v. HTC Corp., 16-2309 — Yesterday in an opinion by Judge REYNA, a split Federal Circuit upheld a district court’s dismissal of Advanced Video’ s three patent infringement suits for lack of standing. Advanced Video argued that co-inventor Hsiun, who was not a party in the suits, had transferred her interests in the patent under the terms of her employment agreement. The Federal Circuit held that the contract’s “unambiguous” language did not affect an actual transfer but merely obligated Hsiun to transfer her interests in the future; this rendered toothless a quitclaim provision waiving any interest in patents transferred under the agreement.

Judge O’MALLEY concurred, arguing that the Court’s precedent that co-owners could not be involuntarily joined under Rule 19 of the Federal Rules of Civil Procedure should be overturned. Judge NEWMAN dissented.
(1 to 4 stars rate impact of opinion on patent & trademark law)

WOMEN IN IP COMMITTEE INVITES ALL IPO MEMBERS TO JOIN

IPO’s Women in IP Committee encourages all IPO members, both men and women, to join. Diversity of viewpoints is critical to its mission of promoting the advancement of women in IP law. The Committee regularly features guest speakers on monthly calls, including judges, USPTO officials, academics, and others, to share experiences and provide insights to members. The committee’s first call of 2018 will be held on 17 January at 1p.m. ET and will feature a presentation by MYRA MCCORMACK (Johnson & Johnson) on the benefits of mindfulness and meditation. Join the Women in IP Committee today to participate!

To learn more, contact a member of the leadership team: SHRUTI COSTALES (HP Inc.), LAURA SHERIDAN (Google Inc.), or MERCEDES MEYER (Drinker Biddle & Reath LLP).

Note: Members of other IPO committees may join the Women in IP Committee.

IP IN THE MASS MEDIA

Ed Sheeran, Faith Hill, and Tim McGraw Sued for Copyright Infringement

On Wednesday the Hollywood Reporter reported that ED SHEERAN, FAITH HILL, and TIM MCGRAW were sued for copyright infringement by SEAN CAREY and BEAU GOLDEN, who claim that the song “The Rest of Our Life” co-written by Sheeran and performed by Hill and McGraw copies elements of the Australian songwriters’ 2014 “When I Found You.”

Commerce Department Inspector General Releases Report on Misconduct by Former Senior USPTO Employee

Yesterday the Washington Post wrote on a report released this week by the Commerce Department’s Inspector General concerning a former senior USPTO employee it says charged the government for unauthorized taxicab rides costing more than $4,000, primarily to commute from his home to the USPTO’s Alexandria, Virginia headquarters.

MANAGE YOUR MEMBERSHIP BENEFITS

Are you using your IPO benefits to their fullest potential? Are you new to IPO? Would you like to get your staff more involved? Join us for a 30-minute IPO membership orientation call. Calls for corporate and small business members are held on the 3rd Tuesday of each month at 2:00p.m. ET. Calls for law firm members are held on the 4th Tuesday of each month at 2:00p.m. ET. Contact Lorna Soderberg for further information or to sign up to participate.