Posts Tagged: "Capitol Hill"

Multiple members of the hearing’s witness panel attested to the problems created when agency plans change during a change of administration, a problem which Lt. Gen. Thomas P. Stafford, a NASA astronaut during the Gemini and Apollo programs and a member of NASA’s International Space Station Advisory Committee, said has been detrimental to the space program. “We have in recent years seen all too clearly the consequences of a failure to carry out long-term objectives,” Stafford said, referring to NASA’s activities under the Obama Administration as “eight years of lost opportunities… NASA’s present does not do justice to its past.” During questioning, Stafford recommended reestablishing the National Space Council (NSC), which had shown effectiveness in the past in ensuring that multi-year NASA missions which span administrations, such as the Apollo mission to the moon, reach their goal. Stafford also noted that if the federal government had stuck to previous plans to reach Mars, such as were discussed as part of the Space Exploration Initiative carried on under the administration of George H. W. Bush, humans could have reached Mars as early as 2016.

On the menu this week for Other Barks & Bites… Video game systems developed by Nintendo and Sony are targeted in a patent infringement suit filed in Delaware federal court. The infamous scan-to-email patent giving rise to the patent troll debate has finally been invalidated at the Federal Circuit. A multi-billion dollar copyright suits between two American tech giants gets new life from Oracle. California’s state legislature moves to create trademark protections for marijuana products at the state level, circumventing federal restrictions on such trademarks. And Zillow gets hit with a copyright infringement verdict.

The United States Patent and Trademark Office would be exempt from turning over its collected fees to the Treasury. The USPTO, however, would be required no later than March 1 of each year to submit to Congress a report that describes any fee, fine, penalty, or proceeds from a settlement collected by the Office for the previous fiscal year. So why is the USPTO specifically excluded from this particular government wide agency fee diversion? That is a very good question.

Kylie Minogue reports victory in a trademark opposition filed against Kylie Jenner, but the electronic records of the U.S. Patent and Trademark Office are cause for confusion. Also, the estate of Dr. Seuss supports its copyright infringement claims against a New York City playwright and all 12 districts of the Federal Reserve System seek invalidation of two patents on electronic fraud-proof payment systems, plus Netflix, Beyoncé and our weekly updates on what is happening on Capitol Hill and on Wall Street.

On the menu this week for Other Barks & Bites, the Supreme Court hears oral arguments in a case challenging the Lanham Act’s disparagement provision, a six-figure damages verdict goes in favor of former USPTO Deputy Director Russell Slifer, a TTAB petition is filed to challenge the trademark application for an NFL franchise currently in the relocation process, an announcement by a Japanese academic-industry research project that claims to have doubled the effectiveness of solar cell panel conversion rates, the FTC takes action against a pharmaceutical company and much more.

This week’s news headlines include nomination hearings for the potential incoming U.S. Commerce Secretary, the Supreme Court’s granting certiorari for an important case in biologics, a patent infringement suit targeting the NFL, the expiration of copyright protecting the works of a very influential science fiction author from the early 20th century, and another sports figure — this time UFC Lightweight Champion Conor McGregor — filing trademark applications.

Suffice it to say that 2016 has been an interesting year. The political climate is much different than one year ago amidst a growing tide of nationalism abroad and populism here in the United States. Throw in a massive migration crisis stemming from the Middle East, a slew of unexpected celebrity passings and the fact that the Chicago Cubs are lovable losers no more, and we’re about to wind down a year which seems nearly mythological in stature… As we turn the page onward to 2017, it’s a good time to take another look at some of the major trends shaping the IP and technology landscape in the United States and abroad. From increasing competition with an Asian powerhouse to the continuation of a misleading narrative about patent system abuses, the past year leaves us with many important narratives to consider for the year ahead.

For a many years, the pied pipers of the anti-patent lobby whistled the patent troll melody and Congress, desperately in need of a glorious bipartisan victory, pushed and ultimately passed inventor killing legislation… For whatever reason, 2016 represented the year that Congress itself, or at least enough Members of Congress, got serious about considering the negative effects of pandering to the anti-patent lobby. Those effects are now clear and the stage is set to turn it back. Of course, we can anticipate there will be new pushes for patent reform in 2017 and beyond. Perhaps some of those attempts at patent reform will be from the pro-patent side, but we need to remain vigilant because the anti-patent lobby has not and will not go away.

Almost 100% of the pre-election patent reform lobbying efforts were focused on the campaign, which did not prevail and thus on the morning of November 9 the patent community woke up to being well behind in getting a rapport established with the incoming administration. Don’t be fooled by the seductive image of a drained swamp, those of us in the pro-patent community will need to be pro-active in our engagement with Washington if we want patent reforms that meet our expectations.

Part of the problem with the debate over “software patents” has been the near complete failure to accurately describe what these patents protect. Opponents of software patents frequently describe these patents as protecting nothing more than “mathematics” or logic. This is plainly false. Software is a valuable, real-world, technological innovation that is used in everything from vacuums to cars to computers to phones.

The NASA Transition Authorization Act would require NASA to develop propulsion technologies intended to reduce travel time to Mars, as well as develop a strategic framework for human space flight to Mars, and would also require NASA to develop a transition plan that would enable greater participation in the International Space Station (ISS).

Earlier today, by a vote of 94 to 5, the United States Senate overwhelmingly passed the 21st Century Cures Act. Having passed in the House, the Cures Act now goes off to the White House for the President’s signature, where it will receive a warm reception. “I’ll sign it as soon as it reaches my desk, because like a lot of you I’ve lost people I’ve loved deeply to cancer,” President Obama said in his weekly address on December 3, 2016, as he called upon Congress to act swiftly to pass the legislation and send it to the White House.

The 21st Century Cures Act has broad bipartisan support having been passed in the U.S. House by an overwhelming 344-77 roll call vote. It also has the backing of the White House; a statement release from the White House’s Office of the Press Secretary on November 30th calls the 21st Century Cures Act “critically important legislation” which increases funding to combat the American heroin epidemic, supports the “Cancer Moonshot” led by Vice President Joe Biden and takes meaningful steps towards improving mental health and Alzheimer’s disease outcomes.

The Review the Rule Act of 2016 was introduced into the U.S. Senate by Sen. Chris Coons (D-DE), which would delay amendments to Federal Rule of Criminal Procedure 41 set to go into effect on December 1st… The proposed changes to Federal Rule of Criminal Procedure 41, which governs the process for legal searches and seizures of criminal evidence, contraband and criminal suspects, were proposed to both houses of Congress this April by the U.S. Supreme Court in a letter to both houses of Congress from Chief Justice John Roberts. The changes to Rule 41 would give a magistrate judge in a district where activities related to a crime may have occurred the authority to issue a warrant to remotely access electronic storage media to copy electronic records even if the electronic storage media may be outside of the judge’s district.

All of the post grant challenges ushered in by the America Invents Act (AIA) were a bad idea. They never should have been created in the first place. All the post grant proceedings have done is make infringing patents a more economical choice, while making it more costly for innovators to obtain and keep the protection they need to make innovating a worthwhile endeavor. It was all too predictable that a new tribunal would over assert its own jurisdiction, but the breadth of just how arbitrary, capricious and fundamentally unfair the process would be was simply not predictable.