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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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. 

 

 

 

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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

  • AIPLA CLE Webinar: Be Afraid, Be Very Afraid: Responding to Auditors' Request for Information

    May 19, 2021 12:30 PM to 2:00 PM   |   1.5 CLE Credits Available

    The panel will offer provide their insights on how to properly respond to an auditor’s request without disclosing client confidences or violating ABA policy. Participants will be offered practical, useful advice on establishing internal policies regarding audit letters; putting in place procedures to respond to audit letters; and structuring responses to audit letters to reasonably and accurately respond to requests in compliance with internal and ABA policies while maintaining client confidences and privileges.
  • AIPLA CLE Webinar: Patent and Trade Secret Issues: To Patent or Not to Patent; Trends and the Need for Insurance; Protecting Trade Secrets During Litigation; and Modern Trends in Trade Secret Valuation

    May 26, 2021 12:30 PM to 2:00 PM   |   1.5 CLE Credits Available

    This presentation will discuss advantages and drawbacks of the two protection schemes for software and considerations for how to select between the two regimes. This presentation will discuss best practices for managing trade secret information during litigation. This presentation provides an overview of the UTSA and DTSA damages provisions, and reviews cases from around the country where damages have been awarded for misappropriation and resulting valuations.
  • 2021 Virtual Patent Trial and Appeal Board Bench & Bar

    August 5, 2021 1:00 PM to 5:30 PM

    The 2021 Virtual Patent Trial and Appeal Board Bench & Bar program will be an informative, interactive program covering topics including practical guidance for AIA trials and ex parte appeals, as well as various PTAB initiatives. The PTAB Bench & Bar program is a four-hour program designed for new and experienced practitioners who want useful, timely content to help them in their practice before the PTAB.
  • AIPLA 2021 Annual Meeting

    October 28 to 30, 2021

    Join us at the Gaylord National Harbor for our Annual Meeting, bringing nearly 2,000 professionals together to learn, grow, and share all things intellectual property law.
  • AIPLA 2022 Mid-Winter Institute

    January 1 to 31, 2022

    Location and dates TBD.