Internet Radio

This is good news for internet radio providers, and I like internet radio providers. It does not surprise me that Congress had to step and help internet radio providers deal with copyright owners. Copyright can simply be messy and expensive.

New Fees

The Patent & Trademark Office will have new fees effective October 2, 2008. Always good information to have available.

IP Bill Passes Senate

The Senate has approved the bill that would enhance certain remedies for the violation of intellectual property rights. My big problem with this bill is getting the government involved in enforcement actions, which seems very unusual. My other problem in general is that this bill seems designed to please Hollywood more than the average intellectual property holder.

Worth Watching

Having done a fair amount of copyright law, this case in Minnesota will definitely be worth following. Copyright law tends to be a bit of a mess and this initial verdict does seem exorbitant. I also think it is interesting that the Judge asks for help from Congress. Good luck with that.

Patent Exhaustion

This is a great article talking about the doctrine of patent exhaustion, or the first-sale rule. It provides some really good principles to keep in mind with regard to licensing patent rights.

Economic Concerns

Law firms will certainly not escape the concerns associated with the financial markets. As always, it is a good time to take very good care of the clients you have and focus on helping them with their needs and concerns during this time.

Constitution Day

Since it is Constitution Day, it would be a great day to read or re-read the Constitution. I think it is great reminder that intellectual property rights are based on "Constitutional" principles. Article 1, Section 8, Clause 8.

Patent Reexams

The recent Federal Circuit decision In re Swanson, 2008 U.S.App. LEXIS 18928, (Fed. Cir. Sept. 4, 2008), will make obtaining a reexamination of a patent easier. This case provides a great opportunity for litigators who do a lot of patent infringement defense work. I certainly know some litigators that would rather have the Courts decide validity issues, but I think getting a reexam is my preference. The standard of review is better in the reexam and the recent cases on obviousness make your chances in a reexam pretty good. Of course, this is from the perspective of someone doing more defending in patent infringement cases.

Inequitable Conduct

Another AIPLA amicus brief will certainly be worth watching. The standard for proving inequitable conduct, as well as deciding the appropriate remedy, will be issues to watch closely.

IP Enforcement Legislation

The Senate Judiciary Committee has approved a bill that is supposed to toughen laws related to the enforcement of intellectual property rights. I am not sure I like the part in the bill about having national and international IP Enforcement Coordinators. Since when was it anyone's job to enforce IP rights except the IP owner? Not to mention, if the current problems with the Patent Office are any indication, I certainly do not want more people unfamiliar with IP enforcement overseeing the process. Harsher penalties is one thing, but getting help from the government with enforcement sounds like a really bad idea to me. No wonder the entertainment industry likes this bill so much.

Fraud in the TTAB

Claims of fraud in the TTAB is a subject I have been following for a while. Unfortunately, longer than I have had this blog. However, the recent amicus brief from the AIPLA provides a great opportunity to christen this blog, and try to bring a little more awareness to this issue. It is clear that over the last couple years, the TTAB has lowered its standard for finding fraud by not requiring the necessary evidence for deceptive intent. Hopefully, the TTAB will be able to correct course. The amicus brief should certainly help.