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August 2014 Archives

DRIVING INNOVATION IN THE UNITED STATES

Innovation is critical to staying competitive in a global marketplace. It's what keeps our economy moving-driving the growth of jobs with better wages and creating a higher standard of living for all. For most of the 20th century, the U.S. has been the worldwide leader in innovation.

PATENT LITIGATION PITFALLS

For years, patent holders have utilized the strategy of suing on patent infringement claims as a means of profitability. However, recent trends in court rulings and proceedings have demonstrated that in the fast-growing technology sector, patent litigation may not be worth the time, effort and costs.

HOW SMALL BUSINESSES CAN FIGHT OFF KNOCK-OFFS WITH INTELLECTUAL PROPERTY RIGHTS

The International Organization for Standardization (ISO) released a report earlier this year detailing the continual rise in counterfeiting, which has become a big business that can be detrimental to small businesses and consumers.

THE IMPACT OF TRADEMARK BULLYING

Trademark law protects a trademark owner's exclusive right to use a trademark when use of a mark by another party would be likely to cause consumer confusion as to the source or origin of goods. To establish a violation of the Lanham Act for either a registered mark, the plaintiff must demonstrate that: (1) He has a valid and legally protectable mark; (2) He owns the mark; and (3) The defendant's use of the mark to identify goods or services causes a likelihood of confusion. USPTO300-300x300.png

GOOGLE'S BOOK-SCANNING IS FAIR USE, JUDGE RULES IN LANDMARK COPYRIGHT CASE

Federal Judge Denny Chin declares that Google Books, which digitizes complete copies of books without an author's permission, is absolutely legal, thereby putting an end to this 8-year-old legal battle. Chin declares that Google not only meets the four legal factors for fair use defense to copyright infringement, but also benefits society by making more books accessible. generalgavel-300x195.jpg

APPLE HEADS TO TRIAL WITH INVENTOR OVER SMARTPHONE PATENT

Seventy-year-old Richard L. Ditzik, owner of NetAirus Technologies LLC, takes Apple Inc. to trial over a patent that covers a popular smartphone feature, the cellular network. Apple Inc. argues that since Ditzik's original patent was changed to include technology that Ditzik did not discover until after filing the application, the patent is not valid. Apple-logo.jpg

SUPREME COURT DENIES PATENT FOR HUMAN GENES

In a unanimous ruling on June 13, 2013, the U.S. Supreme Court held that human genes are not patentable...or at least not natural human genes. Although all nine Justices said that naturally occurring isolated biological material is not patentable, their ruling was still a compromise by allowing for the possibility of a patent on the synthetic version of the gene material.

ICANN'S NEW GENERIC TOP-LEVEL DOMAIN (GTLD) PROGRAM WILL AFFECT ONLINE INTELLECTUAL PROPERTY PROTECTION

The Internet Corporation for Assigned Names and Numbers (ICANN) announced last June their decision to expand internet domain space through the new generic Top-Level Domain (new gTLD) program. The program will allow for potential domain owners to create their own top level internet domain name which constitutes the ".com" part of a web address. While domain names typically consist of Latin characters, ICANN will also allow for non-Latin characters such as Arabic, Spanish, Chinese, and other approved languages.

SUPREME COURT TO DECIDE ON PATENTABILITY OF HUMAN GENES IN THE MYRIAD GENETICS LAWSUIT

Should researchers and scientists be able to claim human DNA as their intellectual property? That is the question the U.S. Supreme Court must now decide after hearing oral arguments yesterday. Robert Barnes of the Washington Post reported that the Justices expressed trepidation as they listened to the parties' explanations of patent law and the complexities of biochemistry.

FAMOUS SHOW HOST ADAM CAROLLA FACES BACK-TO-BACK LAWSUIT FOR PODCAST NETWORK

Famous comedian, television host, radio personality and actor, Adam Carolla, now faces two lawsuits for his iTunes podcast network, ACE Broadcasting Network. The production company creates top-charting podcasts including Ace on the House, the Adam & Dr. Drew Show, and the Adam Carolla Show.

NEW GUIDELINES UNDER THE FIRST-TO-FILE SYSTEM

The implementation of the first-to-file system established by the America Invents Act
(AIA) will take effect on March 16, 2013. On February 14, 2013, the United States Patent and Trademark Office published a series of guidelines to govern first-to-file patent procedures*. The implications resulting from these provisions will include restrictions to invention patentability. Listed below are some of the changes instated by the first-to-file system with regard to patent applications.

NEW TTAB DECISIONS REMIND OWNERS TO USE THEIR TRADEMARK ON THEIR WEBSITE CORRECTLY

The Trademark Trial and Appeal Board (TTAB) recently issued a decision that reminds all trademark owners it is crucial to properly use trademarks on their own websites to reinforce trademark importance. This decision emphasizes the importance of educating the individuals in an organization as to proper trademark use and reviewing all promotional materials to guarantee consistent use.

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