The IP Law Summit will be held from September 14, 2014, through September 16, 2014, at the Eau Palm Beach Resort & Spa, Palm Beach, Florida. The event will bring together senior IP Counsel from large corporations and mid-market organizations with service providers. The Summit is an invitation-only event that will take place behind closed doors.
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Generally speaking, “intellectual property” is probably best thought of (at least form a conceptual standpoint) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are obtained by the creator are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance both federal and state law govern various aspect of a single type of intellectual property.
The term intellectual property itself is now commonly used to refer to the bundle of rights conferred by each of the following fields of law: (1) patent law; (2) copyright law; (3) trade secret law; (4) the right of publicity; and (5) trademark and unfair competition law. Some people confuse these areas of intellectual property law, and although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.
To begin reading the interview from the start please see A Conversation with Patent Defense Litigator Ray Niro.
QUINN: How many lawyers do you have at your firm currently?
NIRO: 28. Between 28 and 31 most of the time. We are in the process of adding a few, so we’re I think 28 now; we’ll probably be 31 in the fall.
QUINN: Okay. And the reason that I ask that is because I suspect that as this word gets out that you’re doing this that you’re probably going to see a lot of interest. And how do you envision things developing? Are you going to be able to grow? Are you going to try and choose cases, which cases you can get involved with? What’s the mechanical process?
AT&T Incorporated (NYSE: T), headquartered in Dallas, TX, is a major corporation with a storied history in the field of telecommunications. Recently, executives from both AT&T and DirecTV made arguments in favor of the merger of these two corporations, a business move which has been valued at $48.5 billion, in front of antitrust committees at the U.S. Senate and the House of Representatives. In a move likely conceived to win regulatory approval for the merger, AT&T has recently sold off its 8.3 percent stake in America Movil, a competitor of DirecTV in Latin American countries. Although currently only a rumor, there are some talks that AT&T will be the exclusive carrier for the Amazon Fire smartphone, which has yet to be released.
We always make sure to pay good attention to the major developers of consumer technologies here in the Companies We Follow series, and IPWatchdog is back with an in-depth look at the innovations recently stemming from AT&T. The U.S. Patent and Trademark Office has published many patent applications and has also issued plenty of patents assigned to this corporation in recent weeks. Our most recent search of AT&T patent filings showed us a great deal of intriguing improvements to wireless communication products and services.
We begin today by sharing our featured patent application with our readers, a technology designed to create a privacy zone to disable unauthorized functions in mobile devices which are within the zone. This would enable a meeting administrator to ensure that smartphone device owners cannot produce a recording of a meeting from within the privacy zone, for example. Other patent applications we explore discusses systems for transmitting calls and messages to the proper destination device for more effective communication between those who own multiple devices, as well as a system for better providing local advertisements to device owners who are on the go.
WALKER: Let me give you an example, Gene, that would be simple. I would like to be the nonexclusive agent for your blog in South America. All right? I think I can get people in South America to pay to read your blog. Because how it works in South America they pay to read blogs. I don’t know how much I’m gonna generate for you, Gene, but you can revoke it at any time. I won’t license to any of the major television networks, publishers, et cetera, I’ll only license to small people. And 85% of any money I collect in South America for the blog licenses that I generate for you I’m going to give you. Would you be willing to list your blog with me to try to generate revenue for you in South America?
QUINN: Yeah, I mean that’s a no brainer.
WALKER: There you go. It’s no different. Exactly the same. It’s a no brainer. Listing with us is a no brainer. The only reason you wouldn’t list with us if you didn’t want to have a nonexclusive agent. If you only wanted to license on an exclusive basis.
Over the past few years I have gotten to know Ray, he has written several op-ed articles for us, and about once a year we catch up with him in an on the record interview. What prompted this interview was seeing an announcement that he and his firm are now offering flat fee defense representation in patent litigation matters. Ray Niro defending a patent infringement case? I have to admit I didn’t realize he did defense work, so I wanted to talk to him about this new business model. He agreed.
In order to discussing his defense activities, we also discussed the failure of patent reform, the inevitable future patent reform efforts that are now a permanent feature of political activity in Washington, DC, and the recent Supreme Court patent decisions from the October 2013 term.
It’s tough to describe what access to the Internet has meant to our contemporary society, especially in terms of technological progress in our country and across the world. It can easily be said that the spread of Internet-based technologies has revolutionized our society and brought about the birth of what many consider to be the Information Age. Free and open access to a wide array of informational resources and software application through the Internet is now widely used in corporate, governmental and private individual situations to connect people and organizations to valuable communication networks.
It’s this incredible value intrinsic to the Internet that has been central to the debate over net neutrality. What was a fairly esoteric term just a few months ago has lately jumped to the forefront of the American political debate, thanks to newly proposed regulations set forward by the U.S. Federal Communications Commission (FCC). Just several days ago Tech Crunch reported that the FCC had received some 647,000 comments relating to its activities associated with net neutrality, a staggering sum. And thanks to glitches with the comment system, the announced yesterday that it would be extending the deadline to provide comments until midnight on Friday, July 18.
With all this in mind we wanted to take some time to look at this issue, which could affect all users of the Internet, from various angles to give our readers an opportunity to gain a clearer understanding of what’s at stake. At the core of the debate is government oversight of private Internet networks, and whether free access to all online resources is a basic right of all Internet users.
However, by far the worst paper at the conference was one entitled “Do University Patents Pay Off? Evidence from a Survey of University Inventors in Computer Science and Electrical Engineering” by Professor Brian Love at the Santa Clara University School of Law. I have just learned that this paper is soon to be published in the prestigious Yale Journal of Law & Technology. The paper supposedly made the case that “university patent programs earn a negative 3.5% rate of return on high-tech patents.” Professor Love explained that filing and licensing patents was a losing proposition for universities despite the recent $184 million jury verdict for Cornell against Hewlett-Packard and the $1.5 billion judgment for Carnegie Mellon University against Marvell Semiconductors.
There are three main reasons that the paper is a ridiculous example of how our universities are putting out “research” that is terribly shoddy, detached from the real world, and simply reinforces generally faulty assumptions about how the world works.
Without further ado, here is part 2 of my interview with Walker. To start reading from the beginning please see A Conversation with Priceline.com Founder Jay Walker.
WALKER: Let’s switch to the other side before we go to the theory. On the other side are users of patented technology, most of whom don’t know which patents they are using. They have no way to run the kind of sophisticated outlook to say, well, if I’m using patented technology how do I know what it is? I can’t read claim lines, which takes a federal judge to interpret whether I’m actually am infringing or not. It takes a whole Markman Hearing to figure that out. And on top of that when I try to look through the patents that are already issued as a way to learn they’re not written up in a user-friendly language, and I’m often advised by counsels not to do that.
Bad demand letters are a big problem for U.S. small businesses, costing them millions of dollars in settlement fees and legal costs annually. Patent trolls often operate through shell companies and these bad acting companies send form demand letters to hundreds or even thousands of small businesses at a time, claiming with little or no evidence that they are infringing on patents. These mass demand letters are often misleading and sometimes outright false. This type of activity has been characterized as “extortion-like” by the federal courts, and gives hard working innovators a bad name. See also Extortion Patent Style.
Earlier this year New York Attorney General Eric T. Schneiderman announced a groundbreaking settlement that sanctioned a patent troll that was engaged in abusive pre-litigation tactics by sending letters with the intent to deceive those receiving the demand letters, scaring them into settling. Additionally, recognizing the stakes involved, a dozen U.S. states have already enacted laws to curb extortionist demand letters, and 14 other states are actively considering such laws.