Possible Attorney General

Pres.-Elect Obama's possible choice for U.S. Attorney General, Mr. Eric Holder, has a strong inclination toward protecting intellectual property rights, and especially stopping pirating of software and music. This is one area where I would agree with the federal government getting involved in the enforcement and protection of individuals' intellectual property rights, when it requires or involves international contacts. I have a lot of concerns when it comes to the enforcement of copyrights against individual citizens, but protecting intellectual property of all kinds against international piracy is something I readily support. From an intellectual property perspective, Mr. Holder may make a fine Attorney General.

Patent Practioner Annual Fee

The United States Patent and Trademark Office has now implemented its Patent Practioner Annual Maintenance Fee. Beginning now, all patent attorneys will have to pay $118 every year to maintain registration with the USPTO. I dare say this fee will only increase over the years.

Enforcing Copyrights

The way record companies have tried to enforce copyright laws has always been of interest to me. This case that will help determine whether the copyright laws and their enforcement are constitutional should be very interesting. One thing I have never understood is the way damages are calculated for copyright infringement. I understand that damages can be difficult to determine, but the amounts awarded seem very unreasonable. I know that in trademark law the "potential" for damages is very great, but the "actual" damages are usually limited by available evidence. It seems copyright law should be able to strike some sort of balance. The awards just seem to be disproportionate with the offenses.

Willful Infringement Harder to Prove

Universal Avionics has prevailed in summary judgment against Honeywell with regard to Honeywell's claims of willful patent infringement. The Court in this case, US District Court of Delaware, found that Universal Avionics' knowledge of the patents at issue was not enough to support a finding of willful infringement. This sounds like a good, correct ruling. The concept behind "willful" patent infringement requires more than just knowing about a competitor's patent.

Business Innovation

Law firms and lawyers, like businesses, will need to innovate and think ahead if they want to be prepared for the economic challenges that all businesses will face in the current economic landscape. Clients will be looking for ways to save on costs without cutting deeply on legal representation. This is just one reason I like working where I work, and in the field where I work. I am able to do work for client all around the country, but I can live in an area where I do not need to charge the prices of the big firms in big cities, and the difference in legal representation is not that great. However, I know this is not enough. Clients need a lawyer that will stay current with or ahead of the market so they can provide valuable and reliable legal advice. The lawyers that do that best will not only survive, but thrive.

Worth the Attempt

The BBC provides a story that Lego was not successful in the EU in its attempt to obtain a trademark for the shape of its toy blocks. This will obviously be a tough decision for Lego, and of course, they plan to appeal the decision. I certainly cannot blame Lego for trying because trademark protection like this is certainly very valuable and worth protecting. That functionality argument they are facing may be tough, but I wish them well. A valuable trademark is well worth the effort of protecting.

New Rule on Privilege

Pres. Bush has recently signed a law that creates a new Federal Rule of Evidence, Rule 502. Obviously, it is important that attorneys understand this new rule and its implications, but clients should be aware of this rule as well. Attorneys need to be aware of the rule so the elements regarding disclosure are understood, and so the possibility of an agreement between the parties is used advantageously (see part e of Rule 502). Clients need to understand the rules about disclosure as well because it has been my experience that sometimes clients reveal privileged information and do not realize it because they did not reveal or make public the actual document, and therefore they think the information is still protected by privilege.

This new rule of evidence can be very helpful in discovery and should be relieved and evaluated. I do think it can help limit some of the costs of discovery when used appropriately. And doesn't everyone want to do everything they can to limit costs nowadays.

Always Changing

One of the things that never ceases to amaze me is how certain thing adapt and how someone, somewhere will find a way to make a little money. The latest example is how MTV and MySpace will team up to cash in on video clips of shows posted on the internet. This is a great idea because I know that I do not catch much TV, but if there is a clip that interests me, I can find it and watch. Previously, that has been generally commercial free, but I will not be surprised when that changes.

Importance of IP Rights

I think it is important to note that the trend appears to be companies continuing to innovate and protect its intellectual property, even during economic uncertainty. It shows the importance of intellectual property rights at all times, not just when the economy is doing well. Having said that, I also think intellectual property rights can be obtained and protected in an affordable, responsible manner. For the great majority of companies, the services available from larger, more expensive firms does not differ enough with the services from smaller firms to warrant the great disparity in costs.