Posts in Guest Contributors

Intellectual Property and Bankruptcy: The IP Value Proposition that Startups Should Not Overlook During Financial Distress

The international economic disruption caused by COVID-19 presents unprecedented challenges. Thriving tech startup companies worth millions in January might find themselves struggling to stay afloat today. This article highlights the value of intellectual property (IP) that companies – particularly small companies without an IP department – can sometimes overlook in times of financial distress. The policy goals behind IP rights are at odds with the goals of bankruptcy law. Bankruptcy laws in the United States are “debtor friendly” and, in their most simplistic form, shield the party from certain debtors while forcing the sale of assets to pay other debts. But court ordered sales tend to undervalue complex property like IP. This is particularly apparent when it comes to patents.

Ten Years From Bilski: The Beginning of the End, with No Improvement in Sight

Ten years ago today, the U.S. Supreme Court handed down what at the time was one of the most important patent decisions in decades. It signaled a new era in patent law—not least of all because Bilski seemed to jumpstart the Supremes’ interest in patent cases. On this milestone anniversary, it’s worth reminding ourselves how we ended up where we are today. In the years since Bilski, the Court has decided Mayo v. Prometheus, Myriad and Alice. If the decision in State Street can be said to have marked the onset of a golden era in the patentability of software and business method patents, the decision in Bilski marked the beginning of the end, and Alice was its death knell, with its introduction of a two-step test for eligibility. Indeed, the unpredictability of application of 101 extends throughout all practice areas.

Illegal Circulation of E-Newspapers Online and Through Messaging Apps: Implications for Copyright and Contractual Violations

On March 25, 2020, the Indian government declared lockdown throughout the country, and we could not have anticipated the number of issues across all sectors that would surface in such a short time. Copyright infringement through social media turned out to be one such issue. At a time when so many industries are facing losses both in terms of work and revenue, the newspaper industry in India has not been spared. The newspaper companies have lost a large number of subscribers to their physical newspapers due to fear of the spread of COVID-19. Recently, a national Indian daily newspaper published a news article stating that sharing PDF copies of an e-newspaper on messaging apps is illegal and that group admins and individuals can be held liable for unauthorized circulation.

Develop Your Database of Templates for Responding to Office Actions

Beginners in answering office actions may find it intimidating and hope to learn from similar cases. If they are able to learn from the formats and arguments adopted by experienced patent agents, they will better handle tasks in a new work environment. This article will introduce several ways to help beginning patent attorneys and agents refer to templates of similar responses in answering office actions.

Lessons From Jerry Seinfeld’s Second Circuit Copyright Win

You may have seen a web series featuring Jerry Seinfeld called Comedians in Cars Getting Coffee. The basic premise of the show is that Seinfeld and another famous comedian take a drive in a classic car and stop along the way at a coffee shop to share stories. It’s essentially a moving talk show without an audience. Examples of comedians who’ve appeared on the show include Tina Fey, Jim Carrey, Stephen Colbert, Chris Rock, Eddie Murphy, Jimmy Fallon and many others. One notable exception to the guest being a comedian occurred when then-sitting President Obama was Seinfeld’s guest. The series debuted on the Sony-owned Crackle video streaming platform and moved over to Netflix for its tenth season in July 2018. What you may not know is that there has been litigation surrounding the series. On February 9, 2018, plaintiff Christian Charles filed a lawsuit in federal court in New York City alleging copyright infringement and related claims against Seinfeld and a number of other defendants involved in the series. The case is Christian Charles v. Jerry Seinfeld et al., United States District Court for the Southern District of New York, Case No. 18-cv-01196. The following facts are taken from Charles’s Second Amended Complaint (i.e., this is Charles’s version of events, not Seinfeld’s).

IPR Center Director Steve Francis: How the National IPR Center is Helping to Combat IP Theft During a Global Pandemic

For over a decade, the National Intellectual Property Rights Coordination Center (IPR) has been at the forefront of the United States government’s response to combating global intellectual property (IP) theft and enforcement of its international trade laws. The IPR Center brings together over 25 global partners, including government and law enforcement agencies focused on IP enforcement. Steven Francis is the IPR Center Director and is also the Assistant Director for Global Trade Investigations at Homeland Security Investigations, with over 22 years of federal law enforcement experience. This month, I had the opportunity to interview Francis about the work of the IPR Center, particularly during Covid-19, and how the center is partnering with the stakeholder community through initiatives such as Operation Stolen Promise.