14 Saturday Apr 2018
Posted in Intellectual Property, Paralegals/Legal Assistants
≈ Comments Off on If You Want To Know How To Do Something, Ask A Paralegal.
How the legal profession under utilizes paralegals: exclusive interview with Deborah Hampton of Chemours, by Adam Houldsworth, World Trademark Review™ (hat tip to William P. Statsky)
I met Deborah Hampton years ago, and was impressed then by her intelligence, poise, kindness, and professionalism. I am even more impressed now. -CCE
08 Sunday Nov 2015
Posted in Bad Legal Writing, Intellectual Property, Legal Writing, Legalese, Patent Law, Plain Language, Readability
≈ Comments Off on The Effort to Make and Keep Patents Correct and Clear.
Tags
Dennis Crouch, Intellectual Property, Michelle K. Lee, PatentlyO Blog, Patents, Plain Language, US Patent and Trademark Office
Director Michelle Lee: Moving toward Patent Clarity, posted by Dennis Crouch, PatentlyO Blog
The following is a post from Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee and was published on the PTO Director’s blog.
Patent quality is central to fulfilling a core mission of the USPTO, which as stated in the Constitution, is to ‘promote the Progress of Science and useful Arts.’ It is critically important that the USPTO issue patents that are both correct and clear. Historically, our primary focus has been on correctness, but the evolving patent landscape has challenged us to increase our focus on clarity.
Patents of the highest quality can help to stimulate and promote efficient licensing, research and development, and future innovation without resorting to needless high-cost court proceedings. Through correctness and clarity, such patents better enable potential users of patented technologies to make informed decisions on how to avoid infringement, whether to seek a license, and/or when to settle or litigate a patent dispute. Patent owners also benefit from having clear notice on the boundaries of their patent rights. After and after successfully reducing the backlog of unexamined patent applications, our agency is redoubling its focus on quality.
We asked for your help on how we can best improve quality—and you responded.
28 Tuesday Jul 2015
Posted in Copyright, Fair Use, Intellectual Property, Patent Law, Trademarks
≈ Comments Off on How To Take Out Trademark Bullies.
Are Trademark Bullies Bringing Plausible Claims? by Guest Blogger Draeke Weseman, Weseman Law Office, PLLC, Duets Blog
Intellectual property enforcement continues to make news, and new solutions to curb abusive enforcement – i.e. trademark bullying, patent trolling, and copyright trolling – are being proposed regularly. Central to these solutions is the idea of a ‘fast-lane’ that kicks bad claims to the curb before the bullied or trolled party has incurred significant legal costs. . . .
19 Sunday Jul 2015
Posted in Intellectual Property, Trademarks
≈ Comments Off on Does Your Trademark Sell Your Product Or Confuse Your Customers?
At The Corner of Trademarks and Confusion, by Martha Engel, DuetsBlog
http://www.duetsblog.com/2015/07/articles/trademarks/at-the-corner-of-trademarks-and-confusion/
Even in the age of the Internet, the geographic use of a trademark is an important consideration in determining whether your mark is likely to confuse consumers as to the source of your goods or services. . . .
19 Sunday Apr 2015
Posted in Copyright, Intellectual Property, Patent Law, Trademarks
≈ Comments Off on Intellectual Property Links and Resources.
Patent Litigation – Been Sued or Gotten a Demand Letter? by uspto – United States Patent and Trademark Office Blog
Regardless of whether you are a novice or expert in intellectual property law, you should find this website helpful. It has many FAQs, resources, and other tools to help the inventor and those you work in this area of the law.
Click on http://www.uspto.gov/learning-resources for more links to resources for the legal profession, educators, inventors, and others, including instructions for filing online. Nice laid out, comprehensive, and easy set up alerts for fee and rule changes. Definitely worth a look. -CCE
Answers To Common Questions About Abusive Patent Litigation
Received a letter about or been sued over a patent? You’re in the right place. See below for answers to common questions: (Trademark-related resources) are also available.) . . .
29 Friday Aug 2014
Posted in Copyright, Intellectual Property, Public Domain
≈ Comments Off on Judge Posner Ends Copyright Protection for Sherlock Holmes.
Judge Posner Solves Sherlock Holmes Copyright Case, by Sabrina I. Pacifici, BeSpacific Blog
Rita Yoon, McDermott Will & Emery: ‘The original character of the famous detective Sherlock Holmes, along with his sidekick, Dr. John H. Watson, are no longer subject to copyright protection. In an opinion by Judge Richard A. Posner, the U.S. Court of Appeals for the Seventh Circuit held that copyright protection in these century-old literary characters cannot be extended simply by changing their features in later stories. When the original story expires, the characters covered by the expired copyright are ‘fair game’ for follow-on authors. Klinger v. Conan Doyle Estate, Ltd., Case No. 14-1128 (7th Cir., Jun. 16, 2014) (Posner, J.).’
27 Sunday Jul 2014
Posted in 2nd Circuit Court of Appeals, Fair Use, Intellectual Property
≈ Comments Off on Second Circuit Decision Gives Libraries Full Advantage of Fair Use.
Tags
Authors Guild v. HathiTrust, Fair Use, Google Book Search, Intellectual Property, Libraries, Mass Digitization, Savings Clause, United States Court of Appeals for the Second Circuit
The library community welcomed the decision of the U.S. Court of Appeals for the Second Circuit in Authors Guild v. HathiTrust, __ F. 3d __, 2014 WL 2576342 (2nd Cir. 2014). [Note – a copy of the decision is available here via EFF]. The decision has implications for libraries that go far beyond the specific facts of the case. This paper offers some preliminary thoughts on what these implications may be.
The broadest implication of decision arises out of a footnote. Ever since the adoption of the library exceptions in 17 U.S.C. § 108, rights holders have argued that section 108 limits the availability of fair use to libraries, notwithstanding the savings clause in section 108(f)(4) that states explicitly that ‘nothing in this section in any way affects the right of fair use as provided by section 107.’ In this litigation, the Authors Guild repeatedly argued that section 108 restricted fair use. Judge Baer rejected this argument in the district court, and the Second Circuit rejected it again in footnote 4. Citing the savings clause, the Second Circuit stated that ‘we do not construe § 108 as foreclosing our analysis of the Libraries’ activities under fair use….’ HathiTrust at *4, n. 4. Thus, the decision holds unambiguously that libraries may take full advantage of the fair use right.
The decision also demonstrates how the fair use right applies in the context of a specific library activity: mass digitization. . . .
11 Wednesday Jun 2014
Posted in Intellectual Property, Patent Law
≈ Comments Off on How Essential Are Graphics To The Judge And Jury In A Patent Trial?
Tags
Cogent Legal Blog, Hon. James Ware, Hon. Paul Grewal, Intellectual Property, Michael Kelleher, Patent Law, Trial Graphics, Trial Tips & Techniques
The Need for Graphics in a Patent Trial, and Other Insights from Judges, by Michael Kelleher, Cogent Legal Blog
Good graphics are critical for understanding patent cases. I mean real graphics, pictures, not just words on a PowerPoint. Seeing an illustration or an animation in a trial or a mediation is key to understanding the technology in a patent. − Hon. James Ware
After deliberations have finished, I’ve seen that the pictures were important to jurors because the whiteboards in the jury room often have the jurors’ reproductions of the pictures and diagrams that the attorneys used during trial. The juries are not writing out the long claims of the patents. Instead, they discuss the case in abstractions using those pictures from trial. − Hon. Paul Grewal
These judicial observations on graphics in patent trials came from a judges’ panel at last weekend’s Annual Meeting of the San Francisco Intellectual Property Law Association (SFIPLA) in Healdsburg, California. As usual, the annual meeting provided wonderful opportunities to learn about recent developments in intellectual property law and to network and relax with leading IP attorneys and judges. . . .
31 Saturday May 2014
Posted in Defense Trade Secrets Act, Intellectual Property
≈ Comments Off on Primer and Comment on The Defense Trade Secrets Act.
Tags
David S. Almeling, Defense Trade Secrets Act, Economic Espionage Act, Intellectual Property, Patently-O Blog
Guest Post: Defend Trade Secrets Act — A Primer, an Endorsement, and a Criticism, Guest Post by David S. Almeling (partner of O’Melveny & Myers LLP, specializing in patent and trade secret litigation), Patently-O Blog
It’s been an exciting month for trade secret law. Senators Christopher Coons (D-Delaware) and Orrin Hatch (R-Utah) introduced the Defend Trade Secrets Act, a bill that would, for the first time, provide a federal right of civil action for trade secret theft. And the Judiciary Committee held a hearing during which speakers expressed support for the DTSA, including Eli Lilly’s VP and General Patent Counsel, Douglas Norman, who stated that the DTSA ‘will establish the gold standard for national trade secret laws globally.’
The DTSA is a game changer. If enacted, it would constitute the most dramatic rethinking of trade secret law since 1979, when the National Conference of Commissioners on Uniform State Laws approved a model statute called the Uniform Trade Secrets Act. Since then, 48 states have adopted the UTSA in some form, replacing their common-law regimes with statutory ones.
The DTSA isn’t perfect — I’ll explain why in a moment — but it’s the best bill of its kind introduced to date, and it should be enacted. . . .
22 Thursday May 2014
Posted in Closing Argument, Copyright, Exhibits, Intellectual Property, Legal Technology, Opening Argument, Oral Argument, Technology, Trial Tips and Techniques
≈ Comments Off on How Graphics Were Used In Historic Copyright Case.
Graphics for a Historic Copyright Case, by Michael Kelleher, Consent Legal Blog
As you prepare for oral argument in an important hearing, you may realize that you need quick help to create or revise graphics. Today’s blog post comes from this type of scenario, and it has the added interest of coming from a high-profile copyright dispute pending in the Supreme Court. . . .
10 Saturday May 2014
Posted in Divorce, Family Law, Intellectual Property, Marital Asset, Patent Law
≈ Comments Off on Are Patent Rights A Marital Asset?
Tags
Dennis Crouch, Divorce, Family Law, Infringement, Intellectual Property, Marital Asset, Patent, Patently-O Blog
Patent Rights are a Marital Asset and Non-Inventing Spouse is a Co-Owner, by Dennis Crouch, Patently-O Blog
James Taylor v Taylor Made Plastics (Fed. Cir. 2014)
I should note here that this case is neither about the musician or the golf club company. Rather, it is about the now fractured Taylor family and their patented pipe plugs. I discussed the district court decision earlier here.
Several years ago James T. invented storm drain equipment and obtained a patent in his name only. U.S. Patent No. 5,806,566. When he and his wife Mary T. later divorced, the divorce court ordered “equitable distribution of marital property” with Mary T. receiving 60% of proceeds from the patent and James T. receiving 40%. The divorce court seemingly only dealt with equitable title in the form of rights-to-proceeds and not with legal title to the patent itself. And, in particular, the divorce court did not identify who held the exclusive rights associated with the patent. . . .
13 Sunday Apr 2014
Posted in 2nd Circuit Court of Appeals, Copyright, Intellectual Property
≈ Comments Off on Author’s Guild Sues Google Inc. For Copyright Infringement.
Tags
Associated Press, Author's Guild, Copyright, Digital Millenium Copyright Act, Google Inc., How Appealing Blog, Howard J. Bashman, Intellectual Property, Larry Neumeister, Michael Liedtke
Authors Guild Asks US Court To Rule Against Google, by Larry Neumeister, Associated Press (Associated Press Writer Michael Liedtke in San Francisco contributed to this report) (with hat tip to Howard J. Bashman at How Appealing Blog!)
Saying Google Inc. is stealing business from online book retailers, the Authors Guild asked a federal appeals court Friday to reinstate its lawsuit contending that the Internet giant is violating copyright laws with its massive book digitization project.
The Guild filed papers with the 2nd U.S. Circuit Court of Appeals in Manhattan, saying that Google’s effort to create the world’s largest digital library was violating the rights of authors and stifling competition in the busy Internet book sales market. . . .
23 Sunday Mar 2014
The Meaning Of “Intellectual Property,” by Dennis Crouch’s Patently-O Blog
Energy Recovery, Inc. v. Hauge (Fed. Cir. 2014) 13-1515.Opinion.3-18-2014.1– Panel: Rader, Reyna, and Wallach (author).
At the heart of this case lies the question of ‘what is intellectual property?’ Here, the answer has more than philosophical implications: a finding of contempt hinges on it.
16 Sunday Feb 2014
Posted in Alternative Dispute Resolution, Intellectual Property, Litigation, Mediation, U.S. Court of Appeals for the Federal Circuit
≈ Comments Off on How Skillful Are You At Mediation?
Tags
Above the Law (blog), Alternative Dispute Resolution, Biglaw, Gaston Kroub, Intellectual Property, Litigation, Mediation, U.S. Court of Appeals for the Federal Circuit
Beyond Biglaw: Mediation Matters (Part 1), by Gaston Kroub, Above The Law Blog
Mediation. For some lawyers, it is a great way to spend a day; for others, it is an interminable bore, and ineffective to boot. It is easy to imagine that lawyers who have had successful mediation experiences are more likely to fall into the former category than the latter. What is more certain, however, is that mediation skills are increasingly important for a litigator to have, for a number of reasons. . . .
25 Wednesday Dec 2013
Posted in Clouds, Disaster Preparedness, Intellectual Property, Legal Technology, Marketing
≈ Comments Off on A CEO Guide To Just About Everything You Want to Know About Tech.
Tags
Bloomberg Businessweek, CEO Tech Guide, Cloud, Disaster Preparedness, Finance, Intellectual Property, Legal Technology and Tips, Marketing
CEO Tech Guide, Bloomberg BusinessWeek
http://www.businessweek.com/reports/technology/ceo-tech-guide
Creative financing, sustainable business practice, clouds, disaster preparedness, protection of intellectual property, mobile advertising and marketing, and more. – CCE
23 Saturday Nov 2013
Posted in Adobe Acrobat, E-Briefs, Legal Technology, Patent Law
≈ Comments Off on Three Base Hit: An Analysis of Apple v. Samsung, Bookmarking in Adobe, and E-Briefs
Tags
Adobe Acrobat Bookmarks, Apple, Cogent Legal Blog, E-Briefs, Intellectual Property, Michael Kelleher, Patent Law, Samsung
An E-Brief Reading Guide to the Latest Decision in Apple v. Samsung, by Michael Kelleher, Cogent Legal Blog
This post is unique. Interesting analysis of Apple v. Samsung and a “how to” on bookmarking Adobe documents and creating and using e-briefs. CCE
09 Saturday Nov 2013
Posted in Copyright, Intellectual Property, Law Libraries, Law Office Management, Legal Writing, Marketing, Research
≈ Comments Off on A Compilation of Canadian Law Blogs, Articles, and Links
Tags
Canada, Copyright, Intellectual Property, Law Libraries, Law Office Management, Legal Writing, Marketing
Fall 2013 Issue of Law Library Journal Now Available, Michel-A. Sheppard, Library Boy
Ron, this one’s for you. CCE
06 Wednesday Nov 2013
Posted in Intellectual Property, Trademarks
≈ Comments Off on Seeing Double
Interlocking X’s Mark the Litigation Spot, by Lori L. Werdertich, Law Law Land
Oil and gas behemoth ExxonMobil has sued FX Networks in the United States District Court for the Southern District of Texas over the logo FX bestowed onto its newly launched network FXX. Exxon alleges the FXX logo infringes on Exxon’s own logo featuring two interlocking X’s along a diagonal line sloping downward, left to right.
The FXX logo features a similar interlocking double X design that FXX is in the process of trying to register (though, to be nit-picky, these X’s connect along a diagonal sloping upward, left to right).
So what’s got Exxon’s gas pumps in a twist? Well, according to Exxon, the FXX logo infringes on Exxon’s trademark, causing customer confusion, dilution of the trademark, unfair competition, and the unjust enrichment of FXX. Exxon contends that it registered this interlocking X design and that it’s been in continuous use by the company for decades to designate its “famous” fuel pumps and gas stations “uniquely” associated with Exxon goods and services. Judging from Exxon’s complaint, Exxon is especially perturbed that FXX has used the interlocking X’s standing alone in some of its recent promotions. According to Exxon, Exxon has exclusive ownership over these interlocking X’s.
The Researching Paralegal 
You must be logged in to post a comment.