is a registered patent attorney with Brackett & Ellis, PC. She has experience representing clients in matters involving complex commercial litigation in the oil and gas industry, patent law and representing insures in matters involving coverage and bad faith.
Ms. McCall has worked as a Patent Examiner Extern at the United States Patent and Trademark Office (USPTO). She also has wide-ranging experience in domestic and international corporate administration. She served as a project manager for scientific microbiological research in cooperation with the United States Department of Agriculture.
For more information or to contact Ms. McCall, please visit her Firm Profile Page.
In part one of this series, I outlined the preliminary steps I took on behalf of my client “Bill” to initiate Amazon’s Neutral Patent Evaluation Process. In part two, I will describe the substantive procedure of the evaluation process and its successful resolution…. Overall, Bill and I were extremely pleased with the speed and efficiency of the evaluation process and delighted with the outcome. Moving forward, Bill requested that my firm monitor Amazon for additional infringing products. Because we have already participated in the Neutral Patent Evaluation Process and obtained a favorable outcome, Bill and I will simply report any future infringers to Amazon without having to initiate the evaluation process for a second time.
You come up with a brilliant idea for an invention, pour your heart and soul into reducing it to practice and spend a great deal of time and money to get a patent. You receive the patent registration certificate, frame it and hang it on your wall. You think, “This is great! I’ve got a patent and now no one can copy my invention!” You form a company and start selling your new product online. A few months later, you log on to your Amazon.com account and see that some seller in some far away country is offering your exact product on amazon.com. Now what? This is the all too familiar story clients often face, and the exact situation one of my clients—we’ll call him Bill—brought to me a few months ago. Luckily, Amazon provides weapons for patent owners like Bill to deploy in order to combat patent infringement on Amazon. Amazon’s latest tool offered to its authorized sellers is called the “Neutral Patent Evaluation Process.” In part one of this series of articles, I will outline the preliminary steps I took to initiate Amazon’s “Neutral Patent Evaluation Process.”
Some circuit courts have held that a work is “registered” and the copyright owner can sue an infringer as soon as the applicant files the application, deposits a copy of the work and pays a fee. This is known as the “application” approach. Other circuit courts follow the “registration” approach which requires the Copyright Office to act on the application—by examining it and either approving or refusing it—before the copyright owner may file suit. So, which approach is correct? We should soon have an answer as the United States Supreme Court has agreed to hear Fourth Estate Public Benefit Corporation v Wall-Street.com, LLC to resolve this issue and finally decide what it means to be “registered.”
Generic drug manufacturers can pose major financial threats to those companies that invent and develop the copied drugs both domestically and internationally… Before TRIPS, most of the world’s developing countries had very weak patent protections, especially for pharmaceuticals. These weaknesses included — but were not limited to — shorter patent terms ranging from 4 to 7 years, narrowly defined patents which allowed for imitations, and greatly reduced monopoly rights of the patent owner by the permissive use of compulsory licenses. This divergence demonstrates a disconnect between the above mentioned weaknesses and the strong protections of industrial countries with their 20-year patent terms and almost unlimited monopoly rights… For pharmaceutical patent owners, these TRIPS amendments try to harmonize the worldwide rights afforded to them by balancing the interests of the rights holder and those of consumers.