Posts in Legislation

Increasing Fairness For Independent Songwriters By Improving The Music Modernization Act

As advocates for all music creators, including independent songwriters, we have endorsed the Music Modernization Act, along with other organizations spanning the music industry, as part of …

Dueling Visions of the Patent System, Dueling Visions for America

The article in IPWatchdog describing how the United States democratized the patent system, extending the right to own intellectual property to commoners, came to mind after reading …
By Joseph Allen
8 days ago 54

Why Patent Contingency Litigation is Declining?

Contingency representation is monetarily feasible for attorneys and law firms if and only if there is a high likelihood of success. Even in the best case scenario …

Fixing Our Broken Small Claims System with the CASE Act

If our legal system worked properly, it would be easy enough for her to file for copyright infringement. But under our current claims system, high litigation costs …
By Isaac Rubin
1 month ago 3

Some Lessons From the Waymo (Alphabet) Versus Uber Theft of Trade Secret Litigation

Although the amount of the settlement was far less than $2.7 billion in amount sought by Waymo, the settlement apparently did include a payment from Uber of 0.34% of …
By Peter J. Toren
1 month ago 0

Do Recent Decisions Signal a Change in Patent Owner’s Rights to Defend and Amend Claims in Post-Grant Proceedings?

Ever since the introduction of AIA post-grant proceedings, many have questioned whether the procedural deck is stacked against patent owners.  Limits on making claim amendments, having to …
By David Thibodeau
2 months ago 7

DMCA 2017: 9th Cir. decides safe harbor, anti-circumvention cases

In 2017, there were several noteworthy decisions relating to the Digital Millennium Copyright Act (DMCA). Specifically, the Ninth Circuit addressed two separate cases, one dealing with safe harbor …
By Heather Smith-Carra
2 months ago 0

Inventor Appeal to CAFC Challenges PTAB Authority to Invalidate Claims on Remand

D’Agostino’s appeal challenges PTAB authority to entertain invalidity on remand as no part of the IPR statute found in the America Invents Act (AIA) permits …
By Steve Brachmann
2 months ago 0

PTAB Errors Fatal to Hundreds of Legitimate Patents

There have been 220 patents upheld as valid in real courts and also subject to a final written decision in the PTAB. The PTAB only agreed with the …
By Josh Malone & Steve Brachmann
3 months ago 40

Open Letter Exaggerates the Benefits of Recent Patent Reforms

HTIA’s letter argues that venture capital funding and startup activity have grown in recent years, further proof of their view that the federal government has properly …
By Steve Brachmann
3 months ago 3

AUTM Licensing Survey: Ominous trend likely attributable to eroding patent rights

Concerns about the ability of academic institutions to keep contributing to the U.S. innovation economy go well beyond federal funding stagnation according to the recent AUTM …
By Steve Brachmann
3 months ago 0

Will the Supreme Court continue to be influenced by patent reform?

Invariably, the Supreme Court takes a provision or two from pending legislation and makes it law. Will they do the same now that pro-patent reform is actually …
By Paul Morinville & Gene Quinn
3 months ago 31

Got IP? Get out. For investors thinking of selling, acting in the next few days is critical.

As of the date of this publication, the US House of Representatives and the Senate have passed the "Tax Cuts and Jobs Act" as reconciled by the …

5 ways companies can stay in compliance with DMCA

Understanding the Digital Millennium Copyright Act (DMCA) has become increasingly important for companies that want to protect their digital content. The DMCA was created primarily as a …
By Heather Smith-Carra
3 months ago 0

Making Sense of the Nonsensical: A look at Scent Trademarks and their Complexities

Hasbro’s recent application to trademark the scent of Play-Doh is an example of how companies in the digital age market their products and protect their market …
By Franco Galbo
3 months ago 1