The IP Casebriefs Podcast

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

google_podcasts_badge@2x
US_UK_Apple_Podcasts_Listen_Badge_RGB
Booking2-1320

#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. 

 

 

 

negative-space-iphone-white-pen-minimal-650

#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.

 

 

 

negative-space-iphone-white-pen-minimal-650

#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

  • AIPLA CLE Webinar: Design Patent Priority: 112 Support for Continuing and Amended Design Patent Claims

    July 14, 2020 12:30 PM to 2:00 PM (Eastern Daylight Time)   |   1.5 CLE Credits

    This webinar will focus on recent issues and new developments relating to written support in design patents. Topics will include the level of drawing identity, consistency and written description for amended claims as well as requirements for design applications claiming priority to utility applications.
  • Diversity Roundtable

    July 22, 2020 3:00 PM to 4:30 PM (Eastern Daylight Time)

    The Diversity in IP Law Committee is hosting a virtual roundtable discussion on Wednesday, July 22 from 3-4:30 pm (EDT).
  • AIPLA Front & Center Webinar Series - Know Thy Client: Practical Tips for Strengthening the Outside/Inside Counsel Relationship

    July 23, 2020 12:30 PM to 1:30 PM (Eastern Daylight Time)

    This webinar will discuss: (1) how inside counsel can develop better relationships with their outside practitioners, drive more effective and efficient legal support and create a more fun and emotionally rewarding relationship; (2) how outside practitioners can maintain and develop better relationships with in-house counsel to drive consistent and long term legal work while providing personal enjoyment when performing that work.
  • AIPLA CLE Webinar: What You Need to Know About Trade Secret Protection

    July 28, 2020 12:30 PM to 2:00 PM (Eastern Daylight Time)   |   1.5 CLE Credits

    This webinar will arm IP owners and their attorneys with information to help set up an effective program for protecting trade secrets under the federal Defend Trade Secrets Act and state trade secret laws.
  • AIPLA CLE Webinar: Help Me Help You: The Art of Working With Inventors

    August 5, 2020 12:30 PM to 2:00 PM (Eastern Daylight Time)   |   1.5 CLE Credits

    This session will attempt to provide various views on how to approach these and other issues while dealing with inventors and Examiners. Generally, anyone who interacts with the patenting process will find this webinar of interest.