Past Week’s Daily News™
Thursday, May 5, 2016 12:18 pm
Brownie and Junior Girl Scouts (and their parents) are invited to join IPO’s Women in IP Law Committee and the IPO Education Foundation for a fun-filled event to learn about intellectual property and earn the IP Patch. Join us this Saturday, May 7, 9:00a.m.-2:00p.m. at USPTO headquarters in Alexandria, VA. Girls will participate in hands-on, interactive activities with attorneys and scientists from leading organizations to learn how inventors protect their creations and share them with the world through IP. The event is free, but registration forms must be submitted today through the IPOEF webpage.
Tune in to the IP Chat Channel today, May 5 at 2:00p.m. ET for Federal Trade Secret Law: Getting It Right Early to hear analysis and practical advice on the new federal Defend Trade Secrets Act, which is expected to become law within a few days. Panelists include KEN CORSELLO (IBM Corp.), RANDY KAY (Jones Day), and BRADFORD NEWMAN (Paul Hastings LLP). IP Chat Channel webinars are recorded and available on our website after the live webinars. CLE granted in many states.
IP IN THE MASS MEDIA
Gucci Warns Hong Kong Shops to Stop Selling Paper Replicas of Its Products
Yesterday the New York Times reported that the parent company of luxury goods maker Gucci sent letters to stores in Hong Kong warning them to stop selling paper replicas of Gucci products such as shoes and handbags that feature the company’s trademarked name and logos. The paper replicas are intended to be burned as offerings to the deceased.
Southern California to Add J.D. Certificate in Entrepreneurship and Technology Law
Yesterday the Los Angeles Business Journal reported that University of Southern California’s Gould School of Law will offer a J.D. certificate in entrepreneurship and technology law, which will offer workshops on licensing negotiations, patent litigation, and patent prosecution.
USPTO PATENT ADVISORY COMMITTEE MEETS TODAY
The Patent Public Advisory Committee will meet today from 9:00a.m. – 3:30p.m. ET in the Madison South Auditorium at the USPTO’s Alexandria campus. Topics include patent examination policy, patent quality, patent operations, a financial report, and legislative and international updates. IPO members can attend the public session or watch online. The agenda and a link to the webcast are available on the USPTO website.
Wednesday, May 4, 2016 12:54 pm
REGISTER FOR IPO’S CONFERENCE ON COMBINED IP STRATEGIES FOR EUROPE AND THE U.S.
For the 5th year, IPO’s European Practice Committee is organizing a conference on “Combined IP Strategies for Europe and the U.S.” Speakers will explore topics such as optimizing patent drafting procedures and prosecution strategies, using the Global Dossier System, obtaining evidence abroad, and understanding available remedies as part of venue selection considerations. The conference is scheduled for May 12 at the Steigenberger Metropol Hotel in Frankfurt, Germany. Speakers include PIERRE VERON, a member of the Drafting Committee of the Rules of Procedure under the UPC, and Judge TILLMAN BÜTTNER, RiLG Düsseldorf. To view the full program or to register, visit www.ipo.org/Europe2016.
IP IN THE MASS MEDIA
Nvidia, Samsung Settle All Patent Disputes
On Monday Nvidia Corp. and Samsung Electronics Co. announced an agreement to settle all patent lawsuits between the two companies, including disputes pending in the U.S. courts, the U.S. International Trade Commission, and at the USPTO’s Patent Trial and Appeal Board. (Wall Street Journal)
Applanet Founders Plead Guilty to Criminal Copyright Infringement
Yesterday Engadget reported that the founders of Applanet, a website that distributes pirated Android apps, pled guilty to conspiracy to commit criminal copyright infringement. One of the founders also pled guilty to one count of criminal copyright infringement.
DISTRICT JUDGES GREWAL, GUILFORD, AND ROBART TO SPEAK AT IPO’S MAY 24 PATENT DAMAGES SUMMIT
IPO’s Patent Damages Summit will feature panel discussions on damages in SEP, FRAND and RAND litigation; evolving law regarding remedies beyond royalties; and tips and strategies for making damages presentations to juries. Speakers include U.S. District Court Judges PAUL GREWAL (ND CA); ANDREW GUILFORD (CD CA); and JAMES ROBART (WD WA). The conference will be held at the Sheraton Hotel in Palo Alto, CA on Tuesday, May 24. Visit the website to view the full program and register.
Tuesday, May 3, 2016 2:38 pm
U.S. SUPREME COURT TO CONSIDER LACHES UNDER PATENT ACT AND USEFUL ARTICLE DOCTRINE UNDER COPYRIGHT ACT
Yesterday the U.S. Supreme Court agreed to review two IP-related cases. In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC (15-927), the question presented is whether and to what extent the defense of laches may bar a claim for patent infringement brought within the Patent Act’s six-year statutory limitations period under section 286. SCA’s patent claimed an absorbent pants-type diaper. An en banc Federal Circuit majority held that the recent U.S. Supreme Court opinion in Petrella, which eliminated laches as a defense to a damages claim in a copyright suit filed within the Copyright Act’s statute of limitations, did not similarly affect laches in patent suits.
In Star Athletica, LLC v. Varsity Brands, Inc. (15-866), the question presented is what is the appropriate test to determine when a feature of a useful article is protectable under section 101 of the Copyright Act. Varsity owned copyright registrations for two-dimensional designs that were incorporated into athletic apparel like cheerleading uniforms. The Sixth Circuit Court of Appeals found that five of Varsity’s designs were eligible for copyright protection as graphic works that were separable from the utilitarian aspects of the cheerleading uniforms. IPO’s Amicus Brief Committee will study these cases.
After winning the 2015 IP Video Contest, 17-year old DAVID HAMILTON talked with IPO Education Foundation’s Innovator Insights about how the patent system is important for protecting inventors and inspiring them to create in the first place and lessons he learned participating in the contest. The Foundation is accepting submissions for the 2016 IP Video Contest through July 1, 2016. For contest information visit www.ipvideocontest.com today.
USPTO PATENT ADVISORY COMMITTEE MEETS THURSDAY
On Thursday, February 4, the Patent Public Advisory Committee will meet from 9:00a.m. – 3:30p.m. ET in the Madison South Auditorium at the USPTO’s Alexandria campus. Topics include patent examination policy, patent quality, patent operations, a financial report, and legislative and international updates. IPO members can attend the public session or watch online. The agenda and a link to the webcast are available on the USPTO website.
IP IN THE MASS MEDIA
Post Scrutinizes Congress’s Role in Cuozzo
Yesterday the Washington Post’s “In Theory” blog published an opinion piece titled “Why our patent system ended up in the hands of the Supreme Court.” Author ROBERT GEBELHOFF argues that In re Cuozzo demonstrates that Congress’s failure to define policy in legislation leaves the courts responsible for filling gaps in the law.
Article Explores Copyright Issues Related to 3D Printing of Artifacts
On Sunday the Boston Globe published an article discussing copyright issues related to 3D printing replicas of historical artifacts.
WILDANGER TO SPONSOR EUROPEAN PRACTICE COMMITTEE CONFERENCE
Wildanger is sponsoring IPO’s conference on Combined IP Strategies for Europe and the U.S. The conference will be held on May 12, 2016 at the Steigenberger Metropolitan Hotel in Frankfurt, Germany. Speakers will explore topics such as optimizing patent drafting procedures and prosecution strategies, using the Global Dossier System, obtaining evidence abroad, and understanding available remedies as part of venue selection considerations. Visit our website for more information or to register.
Monday, May 2, 2016 1:29 pm
ATTEND IPO’S PATENT DAMAGES SUMMIT ON MAY 24
IPO’s Patent Damages Summit, a one-day program organized by IPO’s Damages & Injunctions Committee, will begin with an interactive audience survey on damages issues. Panel discussions will address recent developments in reasonable royalty damages; damages in SEP, FRAND and RAND litigation; evolving law regarding remedies beyond royalties; and tips and strategies for making damages presentations to juries. The conference will be held at the Sheraton Hotel in Palo Alto, CA on Tuesday, May 24. Visit the website to view the full program and register.
In re: TC Heartland, LLC, Misc. Docket No. 16-105 — On Friday in an opinion by Judge MOORE, the Federal Circuit denied Heartland’s writ of mandamus petition. Kraft sued Heartland in the U.S. District Court for the District of Delaware. Kraft’s patents were for shelf-stable, flavored liquid beverage concentrates and packaging. Heartland moved to transfer to the Southern District of Indiana. Heartland argued it was not registered to do business, had no local presence, and had not entered into any supply contracts in Delaware. The district court rejected Heartland’s argument that the law governing venue for patent infringement suits in VE Holding had been nullified by Congress.
The Federal Circuit concluded that a writ of mandamus was not warranted because Heartland failed to show that its right to mandamus was “clear and indisputable.” Heartland presented no evidence supporting its view that Congress intended to alter prevailing law. The court found that “[t]he arguments raised regarding venue have been firmly resolved by VE Holding, a settled precedent for 25 years.” The court also rejected Heartland’s arguments concerning personal jurisdiction as “definitively resolved” by 20-year settled precedent.
(1 to 4 stars rate impact of opinion on patent & trademark law)
IP IN THE MASS MEDIA
ITC Judge Invalidates Jawbone Patents
On Thursday a U.S. International Trade Commission judge ruled that two Jawbone patents on wearable health monitoring devices are invalid, leaving only a claim of trade secrets misappropriation remaining in its case against rival Fitbit. (Bloomberg)
Photo: Matt Gentry – The Roanoke Times
IP VIDEO CONTEST WINNER REPORTS ON MONEY IN POLITICS
IPO Education Foundation congratulates 2015 IP Video Contest winner MIA LAZAR and her sister AVA LAZAR for winning C-SPAN’s StudentCam documentary film competition. The 14- and 11-year old sisters created a seven minute film titled “What Should be Done about Money in Politics.” In an interview with the Roanoke Times the girls credited the IP Video Contest with having helped them kick off the C-SPAN project.
Tune in to the IP Chat Channel on Thursday, May 5 at 2:00p.m. ET for Federal Trade Secret Law: Getting It Right Early to hear analysis and practical advice on the Defend Trade Secrets Act, which is expected to become law within a few days. What are the best moves for lawyers representing both aggrieved secret holders and clients accused of stealing secrets now that federal action is available along with state action?
Our panelists are KEN CORSELLO (IBM Corp.) and two trade secret litigators, RANDY KAY (Jones Day), who also leads patent cases in federal courts, and BRADFORD NEWMAN (Paul Hastings LLP), who has an employment law background. They will discuss issues such as what jurisdictional questions will arise if there are state and federal cases over the same issues; how the ex parte seizure provision will work in practice; and what changes are employers now required to make to written employment policies and nondisclosure agreements. IP Chat Channel webinars are recorded and available on our website after the live webinars. CLE granted in many states.
Friday, April 29, 2016 12:52 pm
JOIN US MAY 7 AT THE USPTO FOR A FREE GIRL SCOUT EVENT!
IPO Education Foundation and IPO’s Women in IP Committee invite Girl Scouts in the DMV to join us for a day of fun and creativity as they earn the IP Patch! Through a series of hands-on activities and presentations, Girl Scouts will explore the many ways inventors solve problems and use IP to protect their ideas and creations. Scouts will also visit with volunteers from local law firms and corporations, including Harness Dickey, Unilever, Lockheed Martin, Harrity & Harrity, LLP, Sterne, Kessler, Goldstein & Fox, Foley & Lardner, LLP, USPTO, and Hewlett Packard Enterprise, to learn how their organizations use IP to support innovation.
The event is free and open to Brownies and Juniors. It will be held on Saturday, May 7, 2016, from 9:00a.m. – 2:00p.m. at the U.S. Patent and Trademark Office in Alexandria, VA. Lunch will be provided. Onsite garage parking will be available. Register on the Foundation website to hold your place at the event. Registration is limited to the first 100 scouts. Contact Colleen Wellington-Caban with questions at 202.507.4500 or Foundation@ipo.org.
Many thanks to our sponsors: Harness Dickey, Hewlett Packard Enterprise, Google Inc., and Sterne, Kessler, Goldstein & Fox!
USTR RELEASES SPECIAL 301 REPORT; IPO TESTIFIED
On Wednesday U.S. Trade Representative MICHAEL FROMAN released the 2016 Special 301 Report, an annual publication that lists trading partners with inadequate IP protection and enforcement policies. “Intellectual property is a critical source of economic growth and high-quality jobs for the United States, and it is more important than ever to prevent foreign governments and competitors from ripping off United States innovators who are trying to support high-paying jobs by exporting their goods and services to consumers around the world,” said Froman in releasing the report.
Trading partners can fall into one of three categories, but this year no countries are in the most onerous “priority foreign country” category. Eleven countries, including India and China, are on the “priority watch list.” According to the press release, these countries will be subject to “particularly intense bilateral engagement during the coming year.” Another twenty-three countries, including newly added Switzerland, are on the “watch list” and will receive bilateral attention to address IP problems. To encourage progress on IP issues, USTR will launch additional “out-of-cycle” reviews of Columbia and Pakistan, which are listed, and of Spain and Tajikistan, which are not. IPO submitted written comments and testified at the Special 301
hearing earlier this year during USTR’s information gathering process.
IP IN THE MASS MEDIA
BBC News Highlights Trademark Battles
Yesterday BBC News published an article highlighting several trademark battles from the past thirty years.
Billboard Discusses How Europe’s Digital Single Market Could Affect Music Industry
Yesterday Billboard published an article discussing how Europe’s proposed Digital Single Market regulations, which among other things will attempt to modernize EU copyright law, could affect the music industry.
SUPPORT IP EDUCATION – SPONSOR THE IP VIDEO CONTEST
The IP Video Contest is a scholarship program created by the IPO Education Foundation to teach teens and young adults the importance of intellectual property. One recent winner said that through the contest he “learned that if you put in the work, it will pay off; flying out to DC and winning a $5,000 scholarship was such an incredible honor. During the Foundation Awards Dinner, I talked with some of the most inspiring people I’ve ever met…It put a fire in my belly to keep going.”
Help the IPO Education Foundation inspire more young artists and inventors by sponsoring a $5,000 award for the IP Video Contest. Learn more about sponsor opportunities and benefits on the Contest website.