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 Trade Secrets Masters Series – Part I: How to Settle Trade Secret Disputes with Jim Pooley

    March 9, 2021 12:30 PM to 1:30 PM   |   No CLE credits

    Trade secret disputes are the messy divorces of the IP world. Strong emotions abound on both sides. Helping our clients get the best result is not just about winning at trial, but about digging in to know what’s going on and leading the parties to a business solution. This session will address the dynamics of settling trade secret fights, whether company to company or departing employees.
  • AIPLA CLE Webinar: The Data Protection Risks of Predictive AI Models

    March 17, 2021 12:30 PM to 2:00 PM   |   1.5 CLE Credits Available

    Artificial intelligence (AI) has been employed in most industries. Often, for instance, a predictive AI model is used to infer meaningful information from complex datasets. A predictive AI model can be trained to infer the optimal treatment of a disease for a given patient or to detect the existence of a disease in the patient. This webinar will discuss the unique data protection risks that arise out of employing predictive AI models in various industries. This webinar will also discuss techniques for safeguarding against the unintentional leakage of sensitive training data by these predictive AI models.
  • 2021 Patent Prosecution Boot Camp (PPBC)

    March 23 to 26, 2021

    AIPLA’s Patent Prosecution Boot Camp is a comprehensive, CLE-accredited virtual seminar that includes instructional lecture-style sessions with practical tips on US and international patent preparation and prosecution, as well as hands-on interactive workshops that will walk you through drafting claims and responding to office actions.
  • AIPLA 2021 Spring Meeting

    May 10 to 14, 2021   |   coming soon

    Join a diverse, global community of law firms, companies, and institutions involved in the practice of patent, trademark, copyright, trade secret, and other unfair competition laws at AIPLA's 2021 Virtual Spring Meeting. This year's Spring Meeting will be virtual and will take place from May 10-14 2021. We have rescheduled our program in Seattle for May 2023.
  • 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.