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

  • AIPLA 2022 Mid-Winter Institute

    February 1 to 4, 2022   |   495 CLE minutes

    Focused Learning and Deep Dives for all IP Professionals In a fast changing world where technologies have followed suit, IP professionals around the world face the challenge of acquiring the right tools to fully protect cutting edge innovations. To be held at the Omni Rancho Las Palmas in Rancho Mirage, CA. Registration opens soon! Book your hotel today!
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  • AIPLA CLE Webinar: Exploring Issues Facing AI, Computer-Implemented, and Life Sciences Inventions in the EPO and US, including Subject Matter Eligibility and Written Description

    February 10, 2022 12:30 PM to 2:00 PM   |   1.5 CLE Credits Available

    The panel’s goal is to review the most current issues facing practitioners on both sides of the Atlantic and consider practical solutions to try and navigate or mitigate those challenges. Andrew Bentham (JA Kemp) and Courtenay Brinckerhoff (Foley & Lardner) intend to address issues facing Innovators in the Life Sciences/Biotech areas including written description and subject matter eligibility, with Andrew focusing on the EPO and Courtenay on the USPTO. Mike Jennings (AA Thornton) and Michael Piper (Conley Rose) will jointly consider the new guidelines in the EPO and compare EPO and US Guidance Examples to assess ideas for effective specification and claim drafting for AI/ML and computer simulation and computer-implemented inventions more generally in Europe and the US. ​
  • AIPLA CLE Webinar: Damages 2021 Year-in-Review: Lessons and Litigation Strategies

    February 15, 2022 12:30 PM to 2:00 PM   |   1.5 CLE Credits Available

    This year’s panel of experts will leverage decades of deep litigation experience in patent- and other IP-related matters to provide webinar attendees with additional insight on recent cases from the perspectives of private practice litigators and testifying experts. In a conversational format, our panel will address issues of high importance from several of 2021’s most interesting IP damages cases. Among other topics, our panel will discuss recent developments in apportionment, admissibility, damages attributable to use outside the U.S., facts relevant to the hypothetical negotiation, lost profits, and ethics.
  • AIPLA CLE Webinar: Global FRAND Licensing in the Digital Era: Negotiation, Disputes, Remedies, and Resolutions Across Jurisdictions

    March 9, 2022 12:30 PM to 2:00 PM   |   1.5 CLE Credits Available

    Experts from Europe, Japan, the UK, and the US share global and country-jurisdiction experiences on negotiating “fair, reasonable, and non-discriminatory” (FRAND) licenses for the use of “standard essential patents” (SEPs)—for smart phones, smart cars, and other digital products and services. Current and evolving mechanisms to achieve FRAND licenses will be discussed—ranging from incentives for closing deals by amicable negotiation, court-imposed remedies like injunctions, royalty rate-setting, and damages, to alternative dispute resolution like mediation and arbitration. Meanwhile, the panel will address views on SEPs debated within various government authorities, with examples from Japan.