The IP Casebriefs Podcast

A news-based podcast series that briefly covers current events in patents, trademarks, copyrights, and the rest of intellectual property.

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#006: Discussing the Booking.com Case, Part 2

AIPLA filed an amicus brief with the Supreme Court in United States Patent and Trademark Office et al. v. Booking.com B.V., No. 19-46, a case addressing whether the addition by an online business of a generic top-level domain (such as “.com”) to an otherwise generic term can create a protectable trademark. 

 

In part two of a two-part series, we hear from Craig B. Whitney, a partner in the Frankfurt Kurnit litigation group and the author of AIPLA's recent amicus brief in this case. In part 1, we heard from Rebeccah Gan, a Partner at Wenderoth, on why she disagreed with AIPLA's adopted position.

 

Hosted and produced by Kemahl Franklyn.

 

 

Booking-1320

#005: Discussing the Booking.com Case, Part 1

AIPLA filed an amicus brief with the Supreme Court in United States Patent and Trademark Office et al. v. Booking.com B.V., No. 19-46, a case addressing whether the addition by an online business of a generic top-level domain (such as “.com”) to an otherwise generic term can create a protectable trademark.

 

In part one of a two-part series, we hear from Rebeccah Gan, a Partner at Wenderoth, on why she disagrees with AIPLA's adopted position. 

 

In part two, we'll hear from Craig B. Whitney, a partner in the Frankfurt Kurnit litigation group and the author of AIPLA's recent amicus brief in this case.

 

Hosted and produced by Kemahl Franklyn.

 

 

Waymo v Uber

#004: Waymo v. Uber

Anthony Levandowski, the former Google engineer who was at the center of a trade secrets lawsuit between Uber and Waymo, has been indicted by a federal grand jury on theft of trade secrets. This criminal indictment is the latest twist in a years-long dispute over intellectual property between Google, where Levandowski worked on autonomous vehicles for nearly a decade, and Uber, which purchased a self-driving startup from Levandowski for a reported $680m in August 2016.

Here to talk to us about the Waymo v. Uber case is Diane Siegel Danoff. Diane is a nationally recognized litigator and heads Dechert LLP global trade secret litigation practice. 

Hosted and produced by Kemahl Franklyn.

 

 

USPTO-Fees

#003: USPTO Fee Setting Proposal Reactions

As the IP community digests the USPTO's proposal to adjust patent-related fees, we met with two experts,  Kenneth Nigon and Angela Sebor, to discuss their reactions to the proposed changes. 

This summer the USPTO published a proposal to adjust patent-related fees and the reaction has been mixed. With a few exceptions, existing fees are increased in the range of 5% to 10%. Other notable proposed fees include the request for expedited examination of a design application, which would jump from $900 to $2,000; a new “Non-DOCX Filing Surcharge” of $400; a $250 fee for non-registered practitioners to appear before the Patent Trial and Appeal Board; and an “annual active patent practitioner fee” of $340 without CLE, $240 with CLE, or $70 voluntarily inactive fee.

Hosted by Gary Lee, produced by Kemahl Franklyn. 

 

 

 

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#002: Iancu v. Brunetti

 

AIPLA Podcast Network's Mike Cushman is joined by Ted Davis, partner at Kilpatrick Townsend & Stockton LLP, to discuss the Iancu v. Brunetti case. 

The US Supreme Court, on April 15, heard arguments over whether it should permit the registration of “scandalous” or profane trademarks, a move which critics say would be unconstitutional. 

The case is an appeal from the US Court of Appeals for the Federal Circuit which in 2017 overturned a decision of the Trademark Trial and Appeal Board (TTAB) and approved registration for the ‘Fuct’ mark.

The USPTO refused registration for the mark on the grounds that it was immoral or scandalous under section 2(a) of the Lanham Act. This provision, also known as the disparagement clause, prohibits registration of trademarks covering “immoral, deceptive, or scandalous matter”. 

The Supreme Court will now rule on whether this clause is in breach of the First Amendment, which guarantees free speech.

Produced by Kemahl Franklyn.

 

 

 

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#001: FTC v. Qualcomm

AIPLA Podcast Network's Gary Lee is joined by David W. Long, founder of Essential Patent LLC, to discuss the FTC v. Qualcomm case.

Produced by Kemahl Franklyn.

 

Upcoming Events

  • CPM Webinar: Preventing Your Worst Tech Nightmare: Protecting Your Firm & Clients from Cybercriminals - The Right Way

    December 6, 2022 12:30 PM to 1:30 PM   |   No CLE

    No one likes to think about the worst happening, but when it comes to your firm's technology, it's always better to be safe than sorry. That's why we're here to present Preventing Your Worst Tech Nightmare: Protecting Your Firm & Clients from Cybercriminals - The Right Way, a course that will help you protect your business and clients from the perils of cybercrime. This course covers everything from cybersecurity myths that can cripple your business to attorneys' ethical obligations to be technically competent. You'll learn exactly how to secure your practice against cyberattacks, and we'll equip you with the leadership skills you need to create a security-first culture for your firm.
  • CPM Webinar: The EU Unified Patent Court is opening: To be in or to opt-out?

    December 7, 2022 1:00 PM to 2:00 PM   |   No CLE

    April 1st 2023 is the current target date for the EU Unified Patent Court (UPC) to open and begin receiving cases. The UPC will have parallel territorial jurisdiction with national patent courts for all existing European Patents unless the patent owners “opt-out” of UPC jurisdiction. Learn the implications of the new system, how to opt-out, and some considerations in deciding whether to opt-out; and receive strategic tips for handling your European Patent portfolio.
  • 2022 Trade Secret Summit

    December 8 to 9, 2022   |   Up to 570 Minutes CLE

    Please join the AIPLA Trade Secret Committee for the 2022 Trade Secret Summit, which is being held December 8-9, 2022 in Miami, FL. The AIPLA Trade Secret Summit is the leading trade secret conference in the nation, with speakers from across the spectrum of private practitioners, in-house counsel, government, and academia, as well as fantastic networking opportunities.
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    December 21, 2022 3:00 PM to 4:00 PM

    AIPLA’s Committee on the Profession is inviting you to join us around the virtual water cooler for a quick break. Drop in and catch up with colleagues old and new at this informal networking meetup. All are welcome.
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    January 31 to February 3, 2023

    The 2023 Mid-Winter Institute will look at the IP world through the lens of health, sport, and wellness technology. This lens will highlight ongoing challenges in patents, such as the scope of 35 U.S.C. §101. We will look at the intersection of Patents and Trademarks with case studies in the exercise system. We will review data protections through prisms made of telehealth and sports medicine. We will have all the usual information, but package it with practical perspectives that will help not only our professional world, but also our everyday lives. Rancho Bernardo Inn, San Diego, CA