Importance of Advertising

I have often tried to explain to clients and potential clients that a patent may not be the most important part of their strategy to protect and market a product. This article in the New York Times about the "Snuggie" product would seem to support that idea. Clever, memorable advertising will go a long way toward getting customers, and a snappy trademark does not hurt.

AT&T Business Move

Reuters reports that the U.S. Supreme Court has declined recognize a "new" form of anti-trust claim that was brought against AT&T. The reason I find this interesting is that the lower court did recognize the claim and because it seems pretty obvious that what AT&T was doing was simply making it difficult for companies that purchased services from AT&T to then use those services to compete with AT&T. The bottom line is that AT&T can sell its services to whomever it wants at whatever price they want.

Inequitable Conduct

The American Bar Association has submitted its suggestions on reforming the inequitable conduct defense to patent infringement. Congress has at least contemplated eliminating inequitable conduct as a defense to patent infringement in the courts and making inequitable conduct an administrative proceeding in the PTO. The ABA suggests that the courts keep the inequitable conduct defense, but that the standard for proving inequitable conduct be "clear and convincing" evidence. The ABA also suggests it elements for inequitable conduct.

I would agree with the ABA on this matter because the present "scale" determination for inequitable conduct is too difficult for a court to apply. The way the elements are laid out is more familiar and easier to interpret and I think courts will be comfortable applying the standard. I also think the defense should stay in the court so the entire matter can be determined at one time.

None of this changes the fact that patent practitioners will still need to be careful to disclose all material information to the PTO, but hopefully it will decrease the number of claims of inequitable conduct.

Intellectual Property Rights

This article from The Legal Intelligencer provides great insight about intellectual property rights in these uncertain economic times. (Free registration required to view article.) Clients should be aware that due diligence research regarding the various aspects of intellectual property is incredibly important now. Clients should prepare for the worst, but get the requisite due diligence done so the worst is not a surprise.

Manufacturers Send Letter to Obama

The Manufacturing Alliance on Patent Policy recently sent a letter to Pres. Obama. (HT:IP Watchdog) The letter explains that implementing the failed patent reform policies of 2008 would cost manufacturers more money and more jobs. This is not just an indication that the changes to the patent prosecution rules attempted in 2008 were a bad idea. This is also an endorsement of innovation and creativity, even in difficult economic times. Innovation and creativity helps save and create jobs on many levels. Let's hope Pres. Obama listens.