Daniel Nazer – EFF: “Today the Supreme Court issued a decision that will have a massive impact on patent troll litigation. In TC Heartland v. Kraft Foods, the court ruled that patent owners can sue corporate defendants only in districts where the defendant is incorporated or has committed acts of infringement and has a regular… Continue Reading
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Category Archives: Patent and Trademark
Court of Appeals opinion – Google is not a generic name
Elliott v. Google, United States Court of Appeals for the Ninth Circuit, No. 15-15809 D.C. No. 2:12-cv-01072-SMM – OPINION, May 16, 2017. “The panel affirmed the district court’s summary judgment in favor of Google, Inc., in an action under the Lanham Act, seeking cancellation of the GOOGLE trademark on the ground that it is generic.… Continue Reading
Recent Developments in Patent Law (Spring 2017)
Lemley, Mark A. and Laupheimer, Madeleine and Yoon, James, Recent Developments in Patent Law (Spring 2017) (April 27, 2017). Available at SSRN: https://ssrn.com/abstract=2959553 “This paper summarizes the significant developments in patent law in the twelve months ending in April 2017. “ Continue Reading
SCOTUS hears arguments on patent rights and refilling printer cartridges
Gizmodo – Supreme Court Printer Cartridge Case Could Be the Citizens United of Products “It’s an obscure case that hasn’t received a ton of attention as it has made its way to the Supreme Court but the final verdict could set off a cascade of consequences in the world of consumer products. This week, oral… Continue Reading
POGO – Trump’s Trademarks Pose Ethics Challenge for the Executive Branch
POGO – “Last week, President Trump’s campaign committee filed a legal complaint against a textile manufacturer in South Carolina for applying to trademark the use of “Make America Great Again” on bath towels, bed blankets, and pillow cases. The complaint was brought before a panel called the Trademark Trial and Appeal Board (Trademark Board), a… Continue Reading
Paper – Challenge Restraints and the Scope of the Patent
Hovenkamp, Erik, Challenge Restraints and the Scope of the Patent (November 8, 2016). Available for download at SSRN: https://ssrn.com/abstract=2866630 “Patent rights are not the only important legal entitlements conferred by the Patent Act. It also vests “challenge rights” in third parties, permitting them to challenge granted patents as invalid or uninfringed, and potentially clearing a… Continue Reading
FTC Report Sheds New Light on How Patent Assertion Entities Operate
“A new Federal Trade Commission report spotlights the business practices of patent assertion entities (PAEs), firms that acquire patents from third parties and then try to make money by licensing or suing accused infringers. The report includes several recommendations for patent litigation reforms. “This report is a big step forward in enhancing our understanding of… Continue Reading
GAO – Patent Office Has Opportunities to Further Improve Application Review and Patent Quality
Intellectual Property: Patent Office Has Opportunities to Further Improve Application Review and Patent Quality, GAO-16-883T: Published: Sep 16, 2016. Publicly Released: Sep 16, 2016. “U.S. Patent and Trademark Office (USPTO) examiners face a variety of challenges in reviewing patent applications and issuing high quality patents. Some challenges affect examiners’ ability to complete a thorough review… Continue Reading
CRS – Stealing Trade Secrets and Economic Espionage
Stealing Trade Secrets and Economic Espionage: An Overview of the Economic Espionage Act, Charles Doyle, Senior Specialist in American Public Law. August 19, 2016. “Stealing a trade secret is a federal crime when the information relates to a product in interstate or foreign commerce, 18 U.S.C. 1832 (theft of trade secrets), or when the intended… Continue Reading
Final Report of the Berkeley Center for Law & Technology Patent Damages Workshop
Graham, Stuart J.H. and Menell, Peter S. and Shapiro, Carl and Simcoe, Timothy, Final Report of the Berkeley Center for Law & Technology Patent Damages Workshop (August 15, 2016). Texas Intellectual Prfoperty Law Journal, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2823658 “The determination of patent damages lies at the heart of patent law and policy,… Continue Reading
The Federal Circuit Rules on Trademarks Considered Offensive
CRS Reports & Analysis Legal Sidebar – The Federal Circuit Rules on Trademarks Considered Offensive: May Affect Redskins Trademark Dispute. August 4, 2016. “Two separate cases involving the revocation of the Washington Redskins’ federally registered trademarks (Pro-Football, Inc. v. Blackhorse) and the refusal to grant registration for a rock band’s name (In re Tam) raise… Continue Reading
GAO Reports – Patent Office Audits
Intellectual Property: Patent Office Should Define Quality, Reassess Incentives, and Improve Clarity, GAO-16-490: Published: Jun 30, 2016. Publicly Released: Jul 20, 2016: “GAO found that district court filings of new patent infringement lawsuits increased from about 2,000 in 2007 to more than 5,000 in 2015, while the number of defendants named in these lawsuits increased… Continue Reading
