My 2013 ethics series continues, today looking at several final orders in disciplinary proceedings resolved in April 2013.
These, together with the other orders from the Office of Enrollment and Discipline from our 2013 ethics series, will be at the core of my ethics presentation on February 4, 2014, at the 8th Annual Patent Law Institute in New York City. The event will be live and webcast, and then reprised on March 18, 2013, in San Francisco.
This case relates to Leonard Tachner of Irvine, California. Tachner was suspended from practice before the Office in patent, trademark, and non-patent matters for five years for severely neglecting his patent practice to the detriment of his clients, but with a provision that would allow him to apply for reinstatement after serving four years of the suspension. This action is the result of a settlement agreement between Tachner and the OED Director pursuant to the provisions of35 U.S.C. §§ 2(b)(2)(D) and 32 and 37 C.F.R. §§ 11.19, 11.26, and 11.59.
Washington, D.C. – December 4, 2013: Crowell & Moring LLP is pleased to announce that Teresa (Terry) Stanek Rea, former acting and deputy director of the United States Patent and Trademark Office (USPTO) and acting and deputy under secretary of commerce for intellectual property, has returned to Crowell & Moring as a partner in the firm’s Intellectual Property Group. She also joins as a director with C&M International, Ltd. (CMI), the international trade and investment consulting firm affiliated with Crowell & Moring. Rea brings to the firms an impressive breadth of domestic and international experience and skills. Her private practice background in intellectual property (IP) and international trade coupled with her senior government service combine to make Rea a true asset for advising clients in the explosive growth area of IP protection. Rea will work with clients in several key areas, including global IP policies and strategies, patent enforcement and post-grant administrative proceedings, trade secrets policy and enforcement, and digital/Internet-related copyright issues.
Located in Sunnyvale, CA, the American multinational corporation Yahoo! Inc. is a major developer of Internet services that are used worldwide. Every month, hundreds of millions of users access Yahoo! websites and services, making it one of the most popularly visited American websites on the Internet. Recently, the company announced a new online picture printing program called Flickr Photo Books that would integrate photos stored on Flickr. Yahoo!’s fiscal strength is evidenced with the announcement that the company is increasing a share buyback program by $5 billion, a decision that’s resulted in rising stock prices for Yahoo! in recent days.
We haven’t profiled Yahoo! before in IPWatchdog’s Companies We Follow series, but we’re starting to take a closer look as we notice the company showing up often in U.S. Patent and Trademark Office publishings. Recently, the company has filed a large number of patent applications and has been issued a fair amount of patents, all focused on various innovations for its array of Internet services and applications.
In today’s column, we’re going in-depth to explore a patent application that would notify mobile device users of nearby events. These events would be collected from social media applications and filtered based on a user’s interest and proximity to the user, helping that person find interesting events that they were unaware of. Also, a couple of patent applications describe improvements to social networks available through Yahoo!, both on an individual and a group basis.
When you’re dealing with any third-party patent and there’s a lawsuit pending –whether it’s against you or or your customer, from a non-practicing entity or a practicing entity– there’s no question that post grant challenge(PGC) options change strategy from the defendant’s perspective, says Samir Pandya, Senior IP Counsel of the Global Litigation Group at SAP, at the 2013 AIPLA Annual meeting.
The State of PGCs Today
Before the America Invents Act (AIA), we had inter partes reexamination, ex parte reexamination, and the option to purely litigate. Since the AIA, we’ve done away with the first one. Ex parte reexamination is still technically an option, though many find it an unappealing one. “I have had very bad experiences with it. I have yet to see one really succeed. There may be a limited use for it in certain situations, but when you think about ex parte it’s easy enough to say I’m not going to worry about it as an option,” says Pandya. The third option of purely litigating is of course still on the table, but it’s increasingly becoming too expensive, too slow, or too tedious an option to pursue.
Mary Kissel, a Wall Street Journal Editorial Board Member, asked a simple question in this video segment of Fox News Editor-at Large George Russell: Why is Australia re-nominating Francis Gurry to head WIPO? Frankly, this is an excellent question. One might also ask why the Obama Administration has failed to back an alternative candidate despite being implored to do so by Members of Congress from both sides of the aisle?
A source with knowledge close to the situation has also told me that “there will be other shoes to drop; the DNA episode is not the last.”
To the outside world Gurry is affable, knowledgeable and a perfect ambassador of the benefits of intellectual property. Internally, however, he hides things and fosters conflict so that he can rise to the moment and come to the rescue. Indeed, aside from the various scandals WIPO appears to be an extremely dysfunctional workplace, which can only hinder the mission.
The development of alternative fuels to generate electricity for societies around the globe has been a major focus among technology innovators in recent years. By now, everyone is familiar with the doomsday predictions involved with carbon-based fossil fuels, how they’re quickly running out and how they’re causing great harm to our environment.
Deriving energy from the sun has been aggressively, albeit periodically, pursued since at least the 1970s when the U.S. suffered through several gas shortages. But over time gas prices decreased, the technology could not compete with cheap alternatives, so interest waned, although it never thoroughly disappeared. Once again as the environment and climate change has become more of a mainstream issue there is renewed interested in harvesting energy from the sun through the use of photovoltaic (PV) systems. Here at IPWatchdog, we’ve taken a look at some interesting solar energy innovations in the past, but just how close are we to seeing widespread implementation of this technology?
Statistics coming out of the U.S. Energy Information Administration show that solar energy generation has increased dramatically in the course of a few years. Solar collection should continue to grow to about 14 gigawatts by the end of this year, according to this Wall Street Journal article.
Inter Partes Review and the Covered Business Method Patent Program are the new O.K. Corral and it is High Noon
There is a battle cry against abusive litigants in the patent industry. Among the tactics suggested is a “loser pays” system to try to mirror Europe, where this type of abuse is minimal. The Congressional Research Service presents that 92% of companies who assert but do not make products (over broadly and derisively called “trolls”) lose litigation that reaches judgment on the merits. [i] So far, direct fee shifting has received criticism under US jurisprudence, but the US Supreme Court on Sept. 30, 2013 agreed to hear cases involving the award of attorneys’ fees in patent litigation.[ii] Also, several of the proposed bills in Congress support more aggressive fee awards for bad conduct and enhanced rules. In particular, Rep. Bob Goodlatte’s Innovation Act recently cleared the House Judiciary Committee with a specific focus on cutting down on abusive patent litigation.
The America Invents Act (AIA), the first patent reform in decades, created a new forum to resolve patent disputes that effectively shifts fees. The AIA created the Inter Partes Review (IPR) and the Covered Business Method (CBM) program, which are “mini-trials” before an appeal board of specialized legal and technical expert judges. In these proceedings, the board takes a second look at patents the USPTO has already granted to determine whether they are valid. The judges on the USPTO Patent Trial and Appeal Board (PTAB) have been prolific in decisions clarifying the rules of engagement. The result? Up front costs for patent owners where 85% of the IPR/CBMs involve parallel litigation in court, and 66% of the time, the litigation is stayed pending the PTO proceeding. This can increase the overall cost of litigation for patent owners, while increasing the alternatives for defense strategies – pay up extortion fees or pay the PTO IPR/CBM fixed and potentially higher initial fees. However, the defendant then triggers the same level of fees for the patent owner now taking the defense in IPRs/CBMs.
Typically blog roll links are not helpful to a website's rank. To give some additional "link love" to those we think you might be interested in reading we have moved our blog roll and links to a dedicated page. Go to IPWatchdog Blog Roll & Links.