Posts in Holiday Posts

How the 2020 Coronavirus Pandemic Changed IP Practice

Greek philosopher Heraclitus is credited with saying “the only thing that is constant is change.”  In 2020, life for everyone changed, including for those in the intellectual property (IP) sphere. There were changes at the U.S. Patent and Trademark Office (USPTO), in IP litigation, client activities and business development. Looking into the crystal ball, we believe some of those changes are here for good, while others are not.

The Top Five European Patent Developments of 2020

It’s the time of year to reflect upon the cases and trends that have shaped IP over the past 12 months. Here are our picks for the top five in patents from Europe. First, it’s been a year of ups and downs for the EU’s attempt to create a Unitary Project and Unified Patent Court. (UPC) In March, Germany’s Federal Constitutional Court said that the Act of Approval of the UPC Agreement in the country was void as not enough members were present at the vote. Following the UK government’s decision that it would withdraw from the project, the Court’s decision was seen as potentially a terminal blow.

Take Heed: Lessons from the Top Trade Secret Cases of 2020

One of the uniquely fascinating aspects of trade secret disputes is that they are laced with unbridled emotions, accusations of treachery, and actors who angrily disagree over basic facts. In other words, they provide a perfect metaphor for the year 2020. Let’s take a look back at the cases this year that are worthy of comment, either because they involved some unusual set of facts or because they provide useful guidance for behaving better in 2021.

We Made it to November: The IP Community Gives Thanks in a Year Like No Other

It began typically enough: the Supreme Court denied cert in Athena, Chargepoint and Trading Technologies; Brexit finally happened; the Federal Circuit refused to rehear Arthrex; and the IP community was waiting for important rulings in copyright cases like Google v. Oracle and trademark cases like Booking.com. But then came COVID. Courts and offices shut down, the USPTO went almost 100% remote, and all conferences and events were cancelled into 2021. At the same time, pharmaceuticals, vaccines – and the IP around them – became the only thing on anyone’s mind.

This Halloween: Dress Up Your Pet with Patents

This Halloween will be different. Depending where you are, trick or treating may be ill-advised or prohibited. So why not dress up your pet and take pictures from the safety of your own home? Here are a few patented pet costumes from the USPTO database to give you some ideas ­­­– your dog will not thank you, but why should 2020 be any better for him than the rest of us?

Sixth Annual Firecracker 25: My Best Songs of All Time

I’m honored to participate in IPWatchdog’s annual Fourth of July tradition in which we publish readers’ and staff picks for the “Top 25 songs of all time.”  Previous top 25 lists have been written by Gene Quinn,  Bruce Kisliuk,  Russell Slifer, Kent Richardson, and Eileen McDermott. Initially, I thought this would be a fun and easy task, but I quickly realized that, while fun, it would not be easy. A person’s choice in music is incredibly revealing and gives a unique glimpse into their personality. During my selection process I observed some distinct patterns in my choices of music based on my place in life and current mindset.

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.

Other Barks & Bites for Friday, May 22: Copyright Office Issues Section 512 Safe Harbor Report, CAFC Denies Review of PTAB Institution Decision and Director Iancu on Possible Filing Deadline Extension

This week in Other Barks & Bites: the Copyright Office issues its report on the safe harbor provisions of the DMCA codified in Section 512 of U.S. copyright law; the Federal Circuit issues decisions reversing a lower court on patent invalidity for lack of enablement and denying review of PTAB institution decisions; the Eleventh Circuit revives copyright and trade secret claims filed by Compulife; online sales boost during COVID-19 pandemic leads to strong quarterly earnings report for Alibaba; Apple and Cisco each win multi-million attorney’s fees awards against Straight Path IP Group; China’s IP office reports a rebound in patent application filings since the peak of the COVID-19 pandemic; and Reps. Veasey and Wright introduce a bill to prevent airport funds from being spent on IP-infringing manufacturers.

World IP Day and ‘The Sound of the Future’

Today, for the 20th year in a row, we celebrate World IP Day. Today also marks the 80th birthday (after mine, another notable quarantine birthday) of a composer, songwriter, and record producer that has changed the history of music: Giorgio Moroder. Nicknamed the “Father of Disco”, he pioneered electronic music, produced numerous world hits – including some of Donna Summer’s major successes – and later composed film screenplays and scores (and won several awards for that work, including three Oscars). More recently, Moroder, a native of Ortisei, Italy, was honored with and contributed to a song named after him by the acclaimed EDM duo, Daft Punk. Similarly to Moroder, artists and creatives push the boundaries of ingenuity, create worlds for us to get lost in, imagine digital and analog alternative realities to soothe our senses and soul, and blur the lines between art, entertainment and technology. Innovators in all fields question the status quo and pursue a vision in creative art, technology, medicine, business, and all other areas of human knowledge. And while they do so, they touch many lives and, through their collective contribution, impact society as a whole. As our lives have been turned upside down by the COVID-19 pandemic, we recognize more than ever that investing in creativity, in innovation, and in the visionaries has allowed us as a society to cope and fight back with unprecedented tools.

Celebrating World IP Day in a New World

It’s World IP Day! This year, the day will not be celebrated in the traditional fashion; there will be none of the usual panels, receptions, gatherings or educational events that are organized annually to commemorate the holiday, which was launched in 2000 by the World Intellectual Property Organization (WIPO). While some remote panels will be held in lieu of the traditional affairs, there are decidedly fewer organizations participating this year. Here are some of the virtual events, reports and statements focusing on World IP Day 2020— the official theme of which is, “Innovate for a Green Future.”

Focusing on the Details: What Two Recent USPTO Matters Can Teach Us About Patentability Analyses

Two matters currently pending before the United States Patent and Trademark Office illustrate the consequences of focusing upon details of a claim rather than upon the claimed subject matter as a whole. Looked at superficially, the decisions may be consistent with the law and supported by substantial evidence; but are they, really?

Industry Insiders Make Patent Wishes for 2020

One of the longest running features on IPWatchdog is our Industry Insider’s series, which started out many years ago with an annual “wishes” article. Each year, we continue to invite industry insiders to make patent wishes for the new year. Unlike our Predictions and What Mattered roundups, this allows our experts to get creative. We asked the panel to share their wildest IP dreams for 2020—they range from no more monkeys in courtrooms (no, not figuratively) to the USPTO Director taking on the responsibility of instituting America Invents Act trials, to the government maintaining a database of patent ownership and transactions.

Looking Forward: Predictions and Thoughts for 2020

Each December, we ask a panel of industry experts to identify the Biggest Moments in IP for the previous year, and likewise ask them for their wishes for the new year. And in 2017, another series was born—Predictions and Thoughts for the New Year. Attorneys don’t normally like to make predictions, but these brave souls have gone out on a limb to either provide their personal crystal ball readings, or simply to give their thoughts on what we should be watching or expecting for the year ahead. So, without further ado, on this first day of 2020, here are the thoughts and predictions of our esteemed panel.

What Mattered in 2019: Industry Insiders Reflect on the Biggest Moments in IP

As we get ready to usher in the new year tonight, it is once again time to look back on the year behind us and to reflect on the biggest moments and key events in the world of intellectual property for 2019. Each year, we look back on IPWatchdog coverage to publish the top 10 patent stories, which this year included the top 10 patent stories from 2019, as well as from the decade 2010-2019. Likewise, we also ask a panel of industry experts for their insights for our Biggest Moments in IP series, which is the longest running series on IPWatchdog.com. This year, unsurprisingly, Section 101 reform, Federal Circuit jurisprudence, and the Arthrex decision on the constitutionality of Patent Trial and Appeal Board judges were among the biggest moments most mentioned. But other less high-profile developments, such as the USPTO’s decision on the trademark side to require U.S. counsel for foreign trademark filers, the Supreme Court’s copyright decision in Fourth Estate v. Wall-Street.com, and forum shopping trends in FRAND litigation, also made the list.

The Top Five European IP Developments of 2019—and Five to Watch for 2020

As the year winds down, IPWatchdog is running a series of articles on the top stories of 2019 and what’s ahead for the year to come. In Europe, all eyes will be on Brexit and its effect on IP rights, the Unwired Planet case, and the Skykick trademark decision, among others. Overall, IP law developments across the EU have offered decidedly more clarity for IP owners than in the United States this year. Here are the highlights: